Texas’ March Enforcements Result in $325K in Fines, Restitution

Enforcement actions taken by Texas Insurance Commissioner Mike Geeslin that became final during March include eight license revocations, three license denials and fines and restitution totaling more than $325,000.

An order imposing disciplinary measures becomes final 20 days after the agent or insurance company has received notice of the order unless a motion for rehearing is filed within that period. A motion for rehearing stays the finality of an order until the Commissioner of Insurance acts upon the motion or upon the operation of law. Commissioner’s orders are subject to appeal to state district court.

Final Disciplinary Orders for March 2009

Birdow, Keri Latoya of Arlington
Order Number: 090172
Date of Order: 3/17/2009
Order Final In: March
Action Taken: Adjuster License issued and placed on probation for 2 years
Violation: Deferred adjudication for aggravated assault

Caballero, Louie C. of El Paso
Order Number: 090175
Date of Order: 3/17/2009
Order Final In: March
Action Taken: $2,450 fine; Ordered not to sell Medicare Advantage products for 2 years; Must remove state seal and references to “independent broker” from all business and marketing materials
Violation: Materially misrepresented terms and conditions of an insurance policy; Engaged in unfair and deceptive acts or practices; Failed to comply with continuing education requirements

Capital Title of Texas, LLC of Dallas
Order Number: 090200
Date of Order: 3/27/2009
Order Final In: March
Action Taken: $60,000 fine
Violation: Unlicensed individuals engaged in unauthorized title insurance

College For Financial Planning of Greenwood Village, CO
Order Number: 090130
Date of Order: 3/3/2009
Order Final In: March
Action Taken: $9,600 fine
Violation: Taught continuing education courses without valid course certifications

Cortina, Jesus Cortez of Irving
Order Number: 090149
Date of Order: 3/6/2009
Order Final In: March
Action Taken: Insurance Adjuster License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Deferred adjudication for Insurance Fraud

Curtis, Martha Jo of Mansfield
Order Number: 090150
Date of Order: 3/6/2009
Order Final In: March
Action Taken: $1,500 fine; General Life, Accident and Health License suspended for one year; Must complete 30 hours of continuing education
Violation: Failed to comply with continuing education requirements

Dubose, Cheryl Jo of Pflugerville
Order Number: 090142
Date of Order: 3/4/2009
Order Final In: March
Action Taken: $44,551 restitution; General Life, Accident and Health License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Misappropriated or converted money belonging to an insurer or insured; Submitted fraudulent applications for fixed annuity contracts

Haggerty, Kenneth Wayne of Mesquite
Order Number: 090206
Date of Order: 3/27/2009
Order Final In: March
Action Taken: $72,098 restitution; General Life, Accident and Health License and General Property and Casualty License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Misappropriated or converted money belonging to an insurer or insured

Hipsher, Thomas E. of Forney
Order Number: 090140
Date of Order: 3/4/2009
Order Final In: March
Action Taken: $1,500 fine
Violation: Failed to comply with continuing education requirements

Legacy Escrow & Title Agency, LLC of Dallas
Order Number: 090201
Date of Order: 3/27/2009
Order Final In: March
Action Taken: $1,900 fine
Violation: Failed to timely provide annual trust fund account audit report

Lockton Companies, Inc. of Kansas City, Missouri
Order Number: 090126
Date of Order: 3/2/2009
Order Final In: March
Action Taken: $3,400 fine
Violation: Failed to timely provide Annual Agent Reports for Risk Retention and Purchasing Groups

Lopez, Jorge Alberto of Katy
Order Number: 090147
Date of Order: 3/6/2009
Order Final In: March
Action Taken: $1,500 fine; General Life, Accident and Health License suspended for one year; Must complete 15 hours of continuing education
Violation: Failed to comply with continuing education requirements

M & O Agencies, Inc. of Casa Grande, Arizona
Order Number: 090127
Date of Order: 3/2/2009
Order Final In: March
Action Taken: $12,000 fine
Violation: Failed to timely provide Annual Agent Reports for Risk Retention and Purchasing Groups

Martinez, Nicholas Keton of Fort Worth
Order Number: 090131
Date of Order: 3/3/2009
Order Final In: March
Action Taken: General Life, Accident, and Health License issued and placed on probation for 3 years or until criminal supervision is discharged, whichever period is longer
Violation: Criminal history, felony conviction

One Beacon America Insurance Company of Canton, Massachusetts
Order Number: 090174
Date of Order: 3/17/2009
Order Final In: March
Action Taken: $5,000 fine
Violation: Failed to immediately forward an Independent Review request to TDI

Perez, Sandra of El Paso
Order Number: 090148
Date of Order: 3/6/2009
Order Final In: March
Action Taken: General Property and Casualty License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Misappropriated or converted money belonging to an insurer or insured

Roach, Staci Christine of Grand Prairie
Order Number: 090215
Date of Order: 3/27/2009
Order Final In: March
Action Taken: General Life, Accident and Health License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Misappropriated or converted money belonging to an insurer or insured

Robinson, Stephon Marcus of Fort Worth
Order Number: 090202
Date of Order: 3/27/2009
Order Final In: March
Action Taken: General Life, Accident and Health License issued and placed on probation for 2 years
Violation: Criminal history, deferred adjudication

Ruiz, Jose Leo of El Paso
Order Number: 090176
Date of Order: 3/17/2009
Order Final In: March
Action Taken: $4,000 fine; Must remove reference to the term “Medicare Advantage Specialist” from all business and marketing materials
Violation: Engaged in unfair and deceptive acts or practices; Misleading advertisements

Ryan, Lisa Renee of Plano
Order Number: 090144
Date of Order: 3/4/2009
Order Final In: March
Action Taken: $1,500 fine; Must complete 15 hours of continuing education; General Property and Casualty License suspended for 1 year
Violation: Failed to comply with continuing education requirements

Smith, Kelly Sue of Austin
Order Number: 090204
Date of Order: 3/27/2009
Order Final In: March
Action Taken: $44,551 restitution; General Life, Accident and Health License revoked
Violation: Submitted fraudulent applications for fixed annuity contracts; Misappropriated or converted money belonging to an insurer or insured

Soranaka-Perez, Ana of Sugar Land
Order Number: 090148
Date of Order: 3/6/2009
Order Final In: March
Action Taken: General Life, Accident and Health License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Criminal offense, theft

Stewart Title Guaranty Company of Houston
Order Number: 090203
Date of Order: 3/27/2009
Order Final In: March
Action Taken: $55,000 fine
Violation: Failed to timely provide an annual audit report; Unauthorized title insurance

Thompson, Marvin Creighton of Houston
Order Number: 090141
Date of Order: 3/4/2009
Order Final In: March
Action Taken: $1,500 fine; Must complete 2 hours of continuing education
Violation: Failed to comply with continuing education requirements

Washington, Maurey Damon of Fort Worth
Order Number: 090156
Date of Order: 3/10/2009
Order Final In: March
Action Taken: $3,000 fine; General Life, Accident and Health License and General Property and Casualty License revoked
Violation: Failed to comply with continuing education requirements

Source: Texas Department of Insurance, www.tdi.state.tx.us