Skip Maine state header navigation
Skip All Navigation
|Home | Contact Us | Careers | Calendar|
>> All Consent Agreements in Alphabetical Order
>> All Consent Agreements in Date Order
This document is a consent agreement authorized by 10 M.R.S. § 8003(5)(B), and
STATEMENT OF FACTS
VIOLATIONS OF LAW
20. Pursuant to 24-A M.R.S. § 1413(1), a nonresident business entity must be licensed as an insurance producer in order to authorize individual licensees to act on the entity’s behalf by engaging in insurance producer activities.
21. FCHCN violated 24-A M.R.S. § 1413(1) each of the 17 times one of the three FCHCN representatives sold coverage under the GTL Policy to a Maine resident prior to FCHCN obtaining a Maine nonresident producer agency license as described above.
Failing to Obtain Insurer Appointment
22. Pursuant to 24-A M.R.S. § 1420-M(1) an insurance producer may not act as an agent of an insurer unless the insurance producer is appointed by that insurer.
23. FCHCN violated 24-A M.R.S. § 1420-M(1) each of the 17 times one of the three FCHCN representatives sold coverage under the GTL Policy to a Maine resident without FCHCN becoming an appointed agent of GTL as described above.
Accepting Insurance Business from Unlicensed Individuals
24. Pursuant to 24-A M.R.S. § 1420-K(1)(L), the Superintendent may impose disciplinary sanctions against an insurance producer who knowingly accepts insurance business from an individual who is not licensed.
25. FCHCN violated 24-A M.R.S. § 1420-K(1)(L) each of the 17 times it accepted a sale of insurance coverage under the GTL Policy to a Maine resident by one of the three FCHCN representatives who were unlicensed as described above.
Paying Commission or Fee to Unlicensed Individual for Soliciting Insurance
26. Pursuant to 24-A M.R.S. § 1420-L, an insurance producer is prohibited from paying a commission, fee or other valuable consideration to a person for selling, soliciting or negotiating insurance in Maine if that person is required to be licensed and is not so licensed.
27. FCHCN violated 24-A M.R.S. § 1420-L each of the 17 times it paid $60 to one of the three FCHCN representatives for selling insurance coverage to a Maine resident as described above.
Deceptively Using Name as Insurer
28 Pursuant to 24-A M.R.S. § 2177, no person who is not an insurer may assume or use any name that deceptively suggests that it is an insurer.
29. FCHCN violated 24-A M.R.S. § 2177 by using and assuming the name “First Choice Health Care Network” when marketing coverage under the GTL Policy without revealing the name of the actual insurer, thereby deceptively suggesting that FCHCN was the insurer providing the coverage as described above.
30. This Consent Agreement is entered into in accordance with 10 M.R.S. § 8003(5)(B). This Consent Agreement is enforceable by an action in the Superior Court.
31. This Consent Agreement is not subject to appeal. FCHCN waives any further hearings or appeals regarding the matters that are the subject of this Consent Agreement.
32. FCHCN admits to the violations of law stated above and accepts as disciplinary action the imposition of a civil penalty in the amount of $15,000. FCHCN shall remit payment of this civil penalty within thirty (30) days after signing this Consent Agreement. Payment shall be by certified check or money order payable to “Treasurer, State of Maine” and delivered to the Bureau.
33. This Agreement will constitute a public record within the meaning of 1 M.R.S. § 402, and will be available for public inspection and copying as provided for by 1 M.R.S. § 408, and will be reported to the Regulatory Information Retrieval System database at the National Association of Insurance Commissioners.
34. In consideration of FCHCN’s execution of and compliance with the terms of this Consent Agreement, the Superintendent agrees that no further agency or legal action will be initiated against FCHCN by the Superintendent for the specific violations of law admitted to herein, except or unless FCHCN fails to comply with the terms and conditions of this Consent Agreement. The Superintendent may, however, consider the conduct described above as evidence of a pattern of misconduct in the event that other allegations are brought against FCHCN. The Superintendent may also consider the fact that discipline was imposed by this Consent Agreement in determining appropriate discipline in any further complaints against FCHCN’s license.
35. In the case of a violation of this Agreement, the parties may pursue any available legal remedy to enforce the Agreement in a court of competent jurisdiction.
36. Nothing in this Agreement shall affect the rights or interests of any person who is not a party to this Agreement.
37. This Consent Agreement may be modified only by a written agreement executed by all of the parties hereto. The Superintendent and Attorney General retain complete discretion whether to agree to any proposed modification of any provision of this Consent Agreement.
FCHCN INSURANCE AGENCY, INC.
THE MAINE Superintendent OF INSURANCE
Dated: _______________, _____
FOR THE OFFICE OF THE ATTORNEY GENERAL
Last Updated: August 22, 2012
|Copyright © 2006 All rights reserved.|