TDI Announces October Enforcement Actions

The Texas Department of Insurance announced enforcement actions taken by Commissioner Mike Geeslin that became final during October 2006.

The actions include three license revocations, two license denials and fines and restitution totaling $ 34,150. Copies of Geeslin’s orders may be obtained by contacting TDI’s Public Information Office.

Only final orders are listed. 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 October 2006

Adkins, Travis Wayne of Houston
Order Number: 061106
Date of Order: 10/12/2006
Order Final In: October
Action Taken: $1,500 fine; Must complete 30 hours of continuing education
Violation: Failed to comply with continuing education requirements

Belt, Terry L.: Residential Resources, L.P.; Otterbine, Phillip; Yancey, Jacqueline of Spicewood
Order Number: 061107
Date of Order: 10/12/2006
Order Final In: October
Action Taken: $11,500 in fines
Violation: Acted as a fee attorney and failed to use bona fide employees as escrow officers; P-53 rebating violation

Carrera, Lilia of Houston
Order Number: 061134
Date of Order: 10/26/2006
Order Final In: October
Action Taken: $500 fine
Violation: Failed to comply with continuing education requirements

Chavis, Chann St. Michael of Sugarland
Order Number: 061092
Date of Order: 10/6/2006
Order Final In: October
Action Taken: General Life, Accident and Health License application denied
Violation: Engaged in fraudulent or dishonest acts or practices; Felony offense

Diebolt, Douglas; Shappell & Diebolt, Inc. of Longview
Order Number: 061127
Date of Order: 10/13/2006
Order Final In: October
Action Taken: $7,500 fine; Cease and Desist Order
Violation: Accepted commissions from unlicensed entities; Unauthorized insurance

Esmundo-Emberson, Rebecca Jill of Plano
Order Number: 061124
Date of Order: 10/23/2006
Order Final In: October
Action Taken: $1,000 fine; Must complete 30 hours of continuing education
Violation: Failed to comply with continuing education requirements

First Federal Security, Inc.; Spooner, Anthony Roland of Glendale, AZ
Order Number: 061133
Date of Order: 10/26/2006
Order Final In: October
Action Taken: $3,000 fine
Violation: Alleged advertising violation; Allegedly materially misrepresented terms and conditions of an insurance policy

Ford, Marjorie Elaine of Houston
Order Number: 061123
Date of Order: 10/23/2006
Order Final In: October
Action Taken: Cease and Desist Order, Escrow Officer License revoked
Violation: Unauthorized insurance; Made a material misrepresentation on a license application

Hernandez, Margarito Borrego of San Antonio
Order Number: 061121
Date of Order: 10/20/2006
Order Final In: October
Action Taken: $2,000 fine; General Life, Accident and Health License suspended for one year; Must complete 35 hours of continuing education
Violation: Misappropriated or converted money belonging to an insurer or insured; Engaged in fraudulent or dishonest acts or practices

Holcombe, Elizabeth, dba Trinity County Abstract of Groveton
Order Number: 061125
Date of Order: 10/23/2006
Order Final In: October
Action Taken: $5,100 fine
Violation: Failed to timely file required annual statistical reports

Howard, Charles of Dallas
Order Number: 061126
Date of Order: 10/23/2006
Order Final In: October
Action Taken: Title Insurance Escrow Officer License revoked
Violation: Acted as a fee attorney and failed to use bona fide employees as escrow officers; P-53 rebating violation

Rangel, Nikki Ann of Houston
Order Number: 061099
Date of Order: 10/6/2006
Order Final In: October
Action Taken: General Property and Casualty License revoked
Violation: Failed to comply with Commissioner’s Order

Vargas, Jaime of McAllen; Mission
Order Number: 061076
Date of Order: 10/2/2006
Order Final In: October
Action Taken: $2,050 restitution
Violation: Engaged in fraudulent or dishonest acts or practices; Misappropriated or converted money belonging to an insurer or insured; Advertising violations

White, Mark Edward of Pasadena
Order Number: 061122
Date of Order: 10/23/2006
Order Final In: October
Action Taken: General Property and Casualty Insuance Agent License denied
Violation: Engaged in fraudulent or dishonest acts or practices; Felony offense

Source: TDI