TDI Orders Nearly $900K in Fines, Restitution in January Actions

The Texas Department of Insurance announced enforcement actions taken by Commissioner Mike Geeslin that became final during January. The actions include nine license revocations, two license denials and fines and restitution totaling $887,707.

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 January 2007

Allan, Amber Kay of Corpus Christi
Order Number: 070022
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $2,250 fine
Violation: Failed to comply with continuing education requirements

Amann, John G. of Houston
Order Number: 070067
Date of Order: 1/26/2007
Order Final In: January
Action Taken: $15,000 fine subject to a dollar-for-dollar reduction by restitution to $5,000; Probated suspension of General Life, Accident and Health License
Violation: Acted as an agent for unauthorized entities

American Bank, N.A. of Corpus Christi
Order Number: 070037
Date of Order: 1/10/2007
Order Final In: January
Action Taken: $2,800 fine
Violation: Failed to timely remit an annual operations report and assessment fee

American International Companies of New York, NY
Order Number: 070023
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $500,000 fine
Violation: Failed to timely file compliant quarterly market reports; Failed to timely file compliant financial call and statistical plan data

Amex Assurance Company, IDS Property Casualty Insurance Company of De Pere, WI
Order Number: 070025
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $20,000 fine
Violation: Allegedly failed to properly notify consumers regarding adverse effect based on credit report

Beaumont Title Company of Beaumont
Order Number: 070024
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $10,900 fine
Violation: Failed to timely provide an annual trust fund account audit report

Best Life and Health Insurance Company of Irvine, CA
Order Number: 070068
Date of Order: 1/26/2007
Order Final In: January
Action Taken: $5,000 fine
Violation: Failed to timely make available to policyholders a standard health benefit plan

Cowan, Robert D of Colleyville
Order Number: 070019
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $65,000 fine subject to a dollar-for-dollar reduction by restitution to $30,000
Violation: Acted as an agent for unauthorized entities

Cross, Rodney Paul of Amarillo
Order Number: 070021
Date of Order: 1/8/2007
Order Final In: January
Action Taken: General Property and Casualty License issued and placed on probation for two years
Violation: Criminal conduct

First Strategic Title, Incorporated of Wichita Falls
Order Number: 070069
Date of Order: 1/26/2007
Order Final In: January
Action Taken: $2,000 fine
Violation: Failed to timely remit title insurance policy guaranty fees

Garcia, Lisa Michele of San Benito
Order Number: 070036
Date of Order: 1/10/2007
Order Final In: January
Action Taken: General Life, Accident and Health License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Attempted to obtain a license by fraud or misrepresentation

Henrietta Abstract Company of Henrietta
Order Number: 070070
Date of Order: 1/26/2007
Order Final In: January
Action Taken: $2,500 fine
Violation: Failed to timely remit title insurance policy guaranty fees

K&S Group, Incorporated of Rockwall
Order Number: 070071
Date of Order: 1/26/2007
Order Final In: January
Action Taken: $2,900 fine
Violation: Failed to timely remit an annual operations report and assessment fee

Kemper Lloyds Insurance Company of Dallas
Order Number: 070082
Date of Order: 1/31/2007
Order Final In: January
Action Taken: Issue refunds of excessive charges
Violation: Charged excessive surcharges on renewal

Kennedy, Johnny Mike of Dallas
Order Number: 070013
Date of Order: 1/8/2007
Order Final In: January
Action Taken: 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

Lazorwitz, Louis Michael of Houston
Order Number: 070015
Date of Order: 1/8/2007
Order Final In: January
Action Taken: General Life, Accident and Health License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Felony conviction

Lopez, David Hurtado of Corpus Christi
Order Number: 070018
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $71,570 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

Martinez, Jesse Vasquez of Sweetwater
Order Number: 070016
Date of Order: 1/8/2007
Order Final In: January
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

Meritplan Insurance Company of Irvine, California
Order Number: 070026
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $12,500 fine
Violation: Non-compliant rate filing; Improper charges and surcharges

Narvaez, Alba Mariela of Dallas
Order Number: 070007
Date of Order: 1/8/2007
Order Final In: January
Action Taken: Limited Lines Agent License denied
Violation: Made a material misrepresentation on a license application

Passport Premium Finance Corporation of Denton
Order Number: 070027
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $2,800 fine
Violation: Failed to timely remit an annual operations report and assessment fee

Pratt, James N. of Carrollton
Order Number: 070038
Date of Order: 1/10/2007
Order Final In: January
Action Taken: General Life, Accident and Health License and General Property and Casualty License revoked
Violation: Engaged in fraudulent or dishonest acts or practices; Unauthorized insurance

Russell-Surles Title, Inc. of Baird
Order Number: 070004
Date of Order: 1/4/2007
Order Final In: January
Action Taken: $10,000 fine
Violation: Failed to timely remit title insurance policy guaranty fees; Used unlicensed escrow officer

Safeco Lloyds Insurance Company of Richardson
Order Number: 070046
Date of Order: 1/24/2007
Order Final In: January
Action Taken: $20,000 fine
Violation: Charged rates in excess of approved rates; Offered discounts after governing statute was repealed

Saunders, Robert Phillip Sr. of Beaumont
Order Number: 070020
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $7,500 fine subject to a dollar-for-dollar reduction by restitution to $5,000; Insurance Adjuster License granted
Violation: Engaged in fraudulent or dishonest acts or practices

Saxon, Mary Lee of New Braunfels
Order Number: 070073
Date of Order: 1/26/2007
Order Final In: January
Action Taken: $1,523 restitution; Insurance Adjuster License revoked
Violation: Misappropriated or converted money belonging to an insurer or insured; Engaged in fraudulent or dishonest acts or practices

Smith, Don E.; M&D Bonding, (Inc) of Carrollton
Order Number: 070014
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $124,464 restitution; General Property and Casualty License of Don E. Smith and General Lines Agency License of M&D Bonding, Inc revoked
Violation: Misappropriated or converted money belonging to an insurer or insured

Thompson, Julius Lavon of McKinney
Order Number: 070072
Date of Order: 1/26/2007
Order Final In: January
Action Taken: $5,000 fine
Violation: Acted as a fee attorney and failed to use bona fide employees as escrow officers

Trevino, Olga of Kyle
Order Number: 070028
Date of Order: 1/8/2007
Order Final In: January
Action Taken: $1,500 fine
Violation: Failed to comply with continuing education requirements

Wooley, John Earl of Arlington
Order Number: 070017
Date of Order: 1/8/2007
Order Final In: January
Action Taken: Adjuster License revoked; General Property and Casualty License application denied
Violation: Made a material misrepresentation on a license application; Criminal conduct

Yates, Rodda; Rodda Yates and Associates Insurance Agency and Mortgage, L.P. of San Antonio
Order Number: 070044
Date of Order: 1/22/2007
Order Final In: January
Action Taken: $2,500 fine; General Life, Accident and Health License granted
Violation: Allegedly committed an act for which a license may be denied; Allowed non-licensed employees to conduct the business of insurance

Source: Texas Department of Insurance