Texas Enforcement Actions for Sept. 2008 Include $160K in Fines

The Texas Department of Insurance enforcement actions taken by Commissioner Mike Geeslin that became final during September include ten license revocations, two license denials and fines and restitution totaling $160,856.

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
AAA Life Insurance Company of Livonia, MI
Order Number: 080776
Date of Order: 9/8/2008
Order Final In: September
Action Taken: $5,000 fine
Violation: Used policies and endorsements that had been disapproved by the Department

Akinyele, Jatoya Lupina of Little Elm
Order Number: 080792
Date of Order: 9/12/2008
Order Final In: September
Action Taken: $650 fine; Must complete 45 hours of continuing education
Violation: Failed to comply with continuing education requirements

Butcher, Lisa Beth of Shallowater
Order Number: 080762
Date of Order: 9/2/2008
Order Final In: September
Action Taken: General Property and Casualty License revoked; Waives the right to reapply for 3 years
Violation: Engaged in dishonest acts or practices

Castillo, Horacio “Hoss”, P.E. of Kingsville
Order Number: 080761
Date of Order: 9/2/2008
Order Final In: September
Action Taken: Qualified Inspector Appointment revoked
Violation: Failed to provide adequate information to substantiate windstorm certifications

Central United Life Insurance Company of Houston
Order Number: 080766
Date of Order: 9/4/2008
Order Final In: September
Action Taken: $25,000 fine; $7,854 restitution (interest on refunds to policyholders)
Violation: Used rates that were not properly filed with the Department

Equity Title of Texas, LLC of Richardson
Order Number: 080793
Date of Order: 9/12/2008
Order Final In: September
Action Taken: $13,600 fine
Violation: Failed to provide annual trust fund account audit report in a timely manner

Esquivel, Fred G. II of McAllen
Order Number: 080814
Date of Order: 9/18/2008
Order Final In: September
Action Taken: $2,536 restitution; General Life, Accident and Health License revoked
Violation: Misappropriated or converted money belonging to an insurer or insured

Evans, James; First Colony Commonwealth Title Company of Missouri City; Houston
Order Number: 080760
Date of Order: 9/2/2008
Order Final In: September
Action Taken: Escrow Officer License of James Evans and the Title Agency License of First Colony Commonwealth Title Company revoked
Violation: Illegally withheld money belonging to another person; Used an unlicensed person to perform the duties of an escrow officer

Ford, Gene Louvert of Cedar Hill
Order Number: 080780
Date of Order: 9/8/2008
Order Final In: September
Action Taken: General Property and Casualty License revoked
Violation: Engaged in fraudulent or dishonest acts or practices

Grashot, Mason Thomas of Little Rock, AR
Order Number: 080775
Date of Order: 9/8/2008
Order Final In: September
Action Taken: $4,000 fine
Violation: Failed to timely file Annual Agent Reports for Risk Retention and Purchasing Groups

Gutierrez, Cynthia Jane of San Antonio
Order Number: 080811
Date of Order: 9/18/2008
Order Final In: September
Action Taken: $1,500 fine; Must complete 30 hours of continuing education
Violation: Failed to comply with continuing education requirements

Guzman, George II of Austin
Order Number: 080845
Date of Order: 9/29/2008
Order Final In: September
Action Taken: $1,500 fine; Must complete 15 hours of continuing education
Violation: Failed to comply with continuing education requirements

Hale, Brenda Harvey of Dallas
Order Number: 080851
Date of Order: 9/29/2008
Order Final In: September
Action Taken: General Life, Accident and Health License revoked
Violation: Failed to comply with previous Commissioner’s Order

Hamilton, Sarah Elizabeth of Austin
Order Number: 080812
Date of Order: 9/18/2008
Order Final In: September
Action Taken: General Life, Accident and Health License issued and placed on probation for 5 years
Violation: Criminal conduct, Driving While Intoxicated

Heath, Anthony Stan of Odessa
Order Number: 080861
Date of Order: 9/30/2008
Order Final In: September
Action Taken: Insurance Adjuster License issued and placed on probation for two years
Violation: Criminal offenses

Holcombe, Elizabeth; D/B/A Trinity County Abstract of Groveton
Order Number: 080846
Date of Order: 9/29/2008
Order Final In: September
Action Taken: $8,500 fine
Violation: Failed to timely file annual trust fund account audit report

Koonce, Tracy Gail of Whitewright
Order Number: 080774
Date of Order: 9/8/2008
Order Final In: September
Action Taken: $2,500 fine
Violation: Acted as an escrow officer without a proper license

Landamerica Partners Title Company of Houston
Order Number: 080789
Date of Order: 9/12/2008
Order Final In: September
Action Taken: $45,000 fine
Violation: Violated TIC sec. 2502.051 and Produral Rule P-22 by making improper payments to an unlicensed entity and fee attorneys; Made false statements on license application

Liberty Mutual Insurance Company of Irving
Order Number: 080790
Date of Order: 9/12/2008
Order Final In: September
Action Taken: $12,000 fine
Violation: Failed to timely pay independent review organization (IRO) fees

Mi Tierra Title, LLC of Austin
Order Number: 080850
Date of Order: 9/29/2008
Order Final In: September
Action Taken: Title Insurance Agent License revoked
Violation: Unauthorized insurance; Failed to timely provide an annual trust fund account audit report and statistical report

Olk, Tim C. of Granbury
Order Number: 080813
Date of Order: 9/18/2008
Order Final In: September
Action Taken: General Life, Accident and Health License cancelled; Insurance Adjuster License denied; Waives the right to reapply for 5 years
Violation: Misappropriated or converted money belonging to an insurer or insured

Orange Coast Title Company of Texas of Sugar Land
Order Number: 080835
Date of Order: 9/25/2008
Order Final In: September
Action Taken: $9,000 fine
Violation: Failed to timely provide an annual trust fund account audit report

Padron, John Michael of Corpus Christi
Order Number: 080815
Date of Order: 9/18/2008
Order Final In: September
Action Taken: $10,687 restitution; General Life, Accident and Health License and General Property and Casualty License revoked
Violation: Misappropriated or converted money belonging to an insurer

Quintana, Josf Adam of Dallas
Order Number: 080816
Date of Order: 9/18/2008
Order Final In: September
Action Taken: General Life, Accident and Health License revoked
Violation: Submitted a fraudulent health insurance application; Forgery

Quintero, Maria Delrosario of McAllen
Order Number: 080836
Date of Order: 9/25/2008
Order Final In: September
Action Taken: $4,029 restitution
Violation: Misappropriated or converted money belonging to an insurer or insured

Salcido, Art of Azle
Order Number: 080778
Date of Order: 9/8/2008
Order Final In: September
Action Taken: $3,000 fine; Must complete 15 hours of continuing education
Violation: Failed to comply with continuing education requirements

Stringo, Roxanna Lynn of Port O’Connor
Order Number: 080777
Date of Order: 9/8/2008
Order Final In: September
Action Taken: $1,500 fine
Violation: Acted as an escrow officer without a proper license

Thayer, Lance Johnson of Dallas
Order Number: 080788
Date of Order: 9/12/2008
Order Final In: September
Action Taken: Cease and desist order
Violation: Offering illegal rebates and inducements

Turner, Paula Marie of Quitman
Order Number: 080844
Date of Order: 9/29/2008
Order Final In: September
Action Taken: General Life, Accident and Health License revoked
Violation: Criminal offense, fraudulent use of personal identifying information

Wallace, Airon Kyle of Wichita Falls
Order Number: 080791
Date of Order: 9/12/2008
Order Final In: September
Action Taken: $3,000 fine; Must complete 30 hours of continuing education
Violation: Failed to comply with continuing education requirements

Applications Denied
Archer, Steven Lee of Irving
Order Number: 080795
Date of Order: 9/12/2008
Order Final In: September
Action Taken: Insurance Adjuster License denied
Reason: Felony offense; Attempted to obtain a license by fraud or misrepresentation

Gallegos, Oscar A. of Dallas
Order Number: 080794
Date of Order: 9/12/2008
Order Final In: September
Action Taken: Limited Lines License application denied
Reason: Attempted to obtain a license by fraud or misrepresentation; Failed to disclose criminal activity

Source: Texas Department of Insurance