TDI December Enforcement Actions Result in $128K in Fines, Restitution

The Texas Department of Insurance announced enforcement actions taken by Commissioner Mike Geeslin that became final during December. The actions include three license revocations, one license denial and fines and restitution totaling $128,402.

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 for December 2006:

B & R Title Company, LLC; D/B/A Ameripoint Title New Braunfels of New Braunfels
Order Number: 061301
Date of Order: 12/15/2006
Order Final In: December
Action Taken: $3,000 fine
Violation: Failed to timely provide an annual trust fund account audit report

Clark Fidelity Title, Inc.; D/B/A First Fidelity Title of Dallas
Order Number: 061270
Date of Order: 12/11/2006
Order Final In: December
Action Taken: $5,000 fine
Violation: Failed to timely remit title insurance policy guaranty fees

Davis, Robert J. of Carrollton
Order Number: 061252
Date of Order: 12/1/2006
Order Final In: December
Action Taken: Two year probation of General Property and Casualty License and Risk Manager License
Violation: Felony offense involving moral turpitude

Hughes, Kiersten Lazette; A&M Title Services, Inc. of Dallas
Order Number: 061269
Date of Order: 12/11/2006
Order Final In: December
Action Taken: $6,000 fine; Surrender Title Insurance Escrow Officer License; Cease and Desist Order
Violation: Made a material misstatement on a license application; Improperly received title insurance premium

Roberts, Gayle Keith of Allen
Order Number: 061303
Date of Order: 12/15/2006
Order Final In: December
Action Taken: $57,902 restitution; General Life, Accident and Health License and General Property and Casualty License revoked
Violation: Felony conviction directly related to the business of insurance; Engaged in fraudulent or dishonest acts or practices

Soto, Bernaldo of Mission
Order Number: 061307
Date of Order: 12/15/2006
Order Final In: December
Action Taken: General Life, Accident and Health License denied
Violation: Felony offense; Engaged in fraudulent or dishonest acts or practices;

The Hartford Insurance Group of Hartford, Connecticut
Order Number: 061271
Date of Order: 12/11/2006
Order Final In: December
Action Taken: $10,000 fine
Violation: Allegedly Issued policy forms and endorsements prior to approval by TDI

USA Benefits Group, Inc. of Ft. Lauderdale, FL
Order Number: 061304
Date of Order: 12/15/2006
Order Final In: December
Action Taken: $5,000 fine
Violation: Failed to timely file required annual reports; Failed to pay maintenance taxes

USA Services Group, Inc. of Ft. Lauderdale, FL
Order Number: 061306
Date of Order: 12/15/2006
Order Final In: December
Action Taken: $25,000 fine
Violation: Acted as an agent for unauthorized entities; Failed to timely file required annual reports; Failed to pay maintenance taxes

Whitacre, Joyce Ann of Spring
Order Number: 061273
Date of Order: 12/11/2006
Order Final In: December
Action Taken: $15,000 fine; Escrow Officer License revoked; Cease and Desist Order
Violation: Unauthorized insurance

Wilson, Janie Diane of Houston
Order Number: 061305
Date of Order: 12/15/2006
Order Final In: December
Action Taken: $1,500 fine
Violation: Failed to comply with continuing education requirements

Source: TDI