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Enforcement Actions
 

(Click here for ARCHIVED ACTIONS)
 

INSURER  LICENSES

Cease and Desist Order

Consolidated Workers Association, Inc
Walter R Cecchini Jr
Claims & Benefits Management Inc
Brad Wessler
E-Case #2134 Cease and Desist; Order Effective 05-02-2008.
Violation(s): 31A-1-104(1) and 31A-4-102(1) - In providing insurance without obtaining a certificate of authority from the Utah Insurance Department, Respondents Consolidated Workers Associations and Walter Cecchini are providing unauthorized insurance; Violation(s): 31A-15-102- By marketing and servicing of unauthorized insurance, Respondents Walter Cecchini, Claims & Benefit Management Inc, and Brad Wessler are in violation of assisting in the marketing and placement of health insurance in the State of Utah by an unauthorized insurer;
Additional Activity: Cease and Desist Order issued on 5-02-2008. Promptly pay any claims for benefits which may be incurred prior to this order.

HealthShare America
ChamberHealth U.S.A.
W.I.N. Association
Michael Bianchi
HealthShare Marketing
Edwin D. Wells
;
E-Case #2117; Order Effective 03-07-2008.
Violation(s): 31A-1-104 and 31A-4-106- In doing an insurance business and providing health insurance without obtaining a certificate of authority from the Utah Insurance Department, Respondents are providing unauthorized insurance; 31A-15-102-Respondents HealthShare Marketing and Edwin D. Wells assisted in the marketing and placement of health insurance in the State of Utah by an unauthorized insurer;31A-23a-103 Respondents HealthShare Marketing and Edwin D. Wells acted as insurance producers in the State of Utah, when not licensed to do so.
License Limitation(s):none
Forfeiture(s): none
Additional Activity: Cease and Desist Order issued on
3-07-2008.
Vessel Assurance Co-Op;
E-Case #2044; Order effective
9-07-2007.
Violation(s): 31A-1-104 and 31A-1-102, Doing the business
of insurance when not authorized or licensed to do so.
License Limitation(s):  Cease and Desist Order issued.

Suspension

(None)

Revocation

(None)

Forfeitures

Opticare of Utah; E-Case #1985; Order effective September 21, 2007. Violation(s): 31A-21-201; Using forms not filed with the department or amending insurance plans and not filing the changes with the department.
License Limitations(s)
: none
Forfeiture(s):
$2,000.00. 
IDS Property Casualty Insurance Company; E-Case #2019; Order effective October 22, 2007.
Violation(s): 31A-23a-504(4)(c)- The Respondent was paying compensation for referrals based upon the purchase or sale; R590-154-11.A – The Respondent provided an inducement with an acquisition cost exceeding $3.00.
Forfeiture(s): $15,000 to be paid within 30 days.

INDIVIDUAL & AGENCY LICENSES  

Cease and Desist Order

(None)

Revocation

Wendy Evertsen; E-case #1845; Formal Order on Hearing effective 3-31-08.
Violations: 31A-23a-402(1)(a)(i) – Made false and misleading statements relating to an insurance product; 31A-23a-107(2) – Actions demonstrated that Respondent does not meet the character requirements to hold an insurance producer’s license.
License Limitation: Individual license revoked.
Additional Activity: Formal Hearing was held 9/12/07.
Lender Services Direct Title Insurance Agency, LLC; E-case #1999 Default and Default Order effective 6-15-07 with Imposition and Concurrence of Penalty effective 7-9-07.
Violations: 31A-23a-413 and R590-136 – Failure to file an annual report and controlled business report for the calendar year 2006.
License Limitation: Agency license revoked 5/9/07.
Forfeitures: $500.00 previously imposed on 4/9/07 in Docket No. 2007-030 PC, plus $3,000.
Additional Activity: Default and Default Order 6/15/07.
Theresa Christine Miller
; E-Case #2058; Order effective February 19, 2008.
Violation(s): R590-102-15(7) - Respondent failed to obey the Order of the commissioner; 31A-2-308 – In failing to pay the address correction fee when due.
License Limitation(s): Revocation
Guy G. Cardinale
; E-Case #2081; Order effective January 16, 2008.
Violation(s): 31A-23a-111, 31A-23a-105(2) - Respondent having been convicted of a felony involving dishonesty or breach of trust, Respondent may not lawfully engage in the business of insurance. Respondent failed to report his convictions to the commissioner.
License Limitation(s): Revocation
Laurina Hardin
; E-Case #2067; Order effective February 19, 2008.
Violation(s):
R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Ms. Hardin failed to obey an order of the commissioner.
License Limitation(s):
Revocation
Michelle Gonzales
; E-Case #2066; Order effective February 19, 2008.
Violation(s):
R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Ms. Gonzales failed to obey an order of the commissioner.
License Limitation(s):
Revocation
Paula Houlot
; E-Case #2064; Order effective February 19, 2008.
Violation(s):
R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Ms. Houlot failed to obey an order of the commissioner.
License Limitation(s):
Revocation
Aaron Sanders
; E-Case #2052; Order effective February 19, 2008.
Violation(s): R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Mr. Sanders failed to obey an order of the commissioner.
License Limitation(s): Revocation
Brian Eighmy
; E-Case #2048; Order effective February 19, 2008.
Violation(s):
R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Mr. Eighmy failed to obey an order of the commissioner.
License Limitation(s):
Revocation
Lynn Michaels
; E-Case #2046; Order effective February 19, 2008.
Violation(s):
R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Ms. Michaels failed to obey an order of the commissioner.
License Limitation(s):
Revocation
Amanda Brammer
; E-Case #2040; Order effective February 19, 2008.
Violation(s):
R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Ms. Brammer failed to obey an order of the commissioner.
License Limitation(s):
Revocation
Timothy Tressy
; E-Case #2039; Order effective February
19, 2008.
Violation(s):
R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Mr. Tressy failed to obey an order of the commissioner.
License Limitation(s):
Revocation
Thomas Cavalari;
E-Case #1993; Order effective Feb. 19, 2008.
Violation(s): U.C.A. 31A-2-308 for failing to obey an order of the Commissioner.
License Limitation(s): License Revoked
Forfeiture(s): N/A
Korte H. Wamsley Jr.;
E-Case #2035; Order effective Oct. 11, 2007.
Violation(s): U.C.A. 31A-23A-111(5)(b)(ix); providing incorrect   information on a license application. U.C.A. 31A-23A-105(2)(c)(i)(B)(II);  
failed to notify the Department within 30 days of the initial pretrial hearing    date of the criminal prosecution. License Limitation(s): License Revoked
Forfeiture(s): N/A
Cindy Gibbons
, E-Case #1851; Order effective 10-5-07.
Violation(s): 31A-23a-207(2), 31A-23a-111(5)(b)(i) and
31A-23a-111(5)(b)(xvi), Licensee was convicted of two felonies involving   
dishonesty and breach of trust; Licensee demonstrated that she no longer  
meets the character requirements to hold an insurance license.
License Limitation(s): License revoked.
Cache Insurance Group, LLC
; E-Case #2020; Order effective 10-5-07.
Violation(s): 31A-23a-111(5)(d), An agency is responsible for the acts of  
its agents.
License Limitation(s): Agency license revoked.
Tiffany Willer
; E-Case #2029; Order effective September 12, 2007.
Violation(s):
31A-23a-409(1)(b)(i) – A licensee may not commingle trust funds with the licensee’s own funds; 31A-23a-411.1(1)(b) – A person commits insurance fraud if that person knowingly fails to forward to the insurer a premium received from a policyholder, in-partial or in-total, of the premium due.
License Limitation(s):
Revocation
Bradley Ryan Webb;
E-Case #1983; Order effective September 06, 2007.
Violation(s): 31A-23a-103(1)(a) - A person may not perform, offer to perform, or advertise any service as a producer without a valid individual or agency license issued under this chapter.  31A-23a-409(1)(b)(i) - A licensee may not commingle trust funds with the licensee’s own funds.  31A-23a-411.1(1)(b) - A person commits insurance fraud if that person knowingly fails to forward to the insurer a premium received from a policyholder in partial or total payment of the premium. 31A-23a-402(1)(a)(i) - A person who is or should be licensed under this title may not make or cause to be made any communication that contains false or misleading information, relating to an insurance product or contract.
License Limitation(s): Revocation
 

Suspension

Steven D Shemwell; E-Case #2018;
Order effective April 1, 2008
Violation(s): 31A-23a-402(1)(a)(i)- Respondent made or caused to be made, a communication that contained false or misleading information relating to an insurance policy;
License Limitation(s): Suspension 90 days
Forfeiture(s): $5,000 to be paid within 90 days after the termination of the suspension of his license. Respondent is to be placed on probation for a period of 24 months, beginning with the termination of the suspension.
Barbara Rufener
; E-Case #2021;
Order effective February 28, 2008.
Violation(s):
31A-23a-402(1)(a)(i) – Respondent made, caused to be made, or facilitated a communication that contained false or misleading information relating to an insurance policy; 31A-23a-111(5)(b)(xvi)(A) – Respondent used fraudulent or dishonest practices in the conduct of business; 31A-23a-111(5)(xvi)(B)- Respondent demonstrated incompetence or untrustworthiness in the conduct of business.
License Limitation(s):
30 day suspension beginning March 1, 2008; 2 year probation to immediately follow the suspension.
Forfeiture(s):
$1,000 to be paid by certified check within 45 days of the date of the Order and the respondent has no further similar violations or other substantive violations of the Insurance Code during the probation period.
MillCreek Land Title Insurance, Inc
; E-Case #1834;
Order effective December 3, 2007date.
Violation(s):31A-23a-103(1) – Respondent’s agency license lapsed. Respondent continued to operate as a title insurance agency without a license, conducting 19 Real Estate closings prior to reinstating its license.
License Limitation(s): Suspension of agency license for a period of 10 days, ending on December 12, 2007.
Forfeiture(s): $5,000


Probation

Ronald Fuller; E-Case #2120;
Order effective March 13, 2008.
Violation(s):
R590-23a-105(2)(b)(ii) - Respondent failed to report to the commissioner any criminal prosecution taken against him.
License Limitation(s):
Probation – One year
Forfeiture(s):
$250 payable within 30 days of the date of the Order and the respondent has no further similar violations or other substantive violations of the Insurance Code during the probation period.
Barbara Rufener
; E-Case #2021;
Order effective February 28, 2008.
Violation(s):
31A-23a-402(1)(a)(i) – Respondent made, caused to be made, or facilitated a communication that contained false or misleading information relating to an insurance policy; 31A-23a-111(5)(b)(xvi)(A) – Respondent used fraudulent or dishonest practices in the conduct of business; 31A-23a-111(5)(xvi)(B)- Respondent demonstrated incompetence or untrustworthiness in the conduct of business.
License Limitation(s):
30 day suspension beginning March 1, 2008; 2 year probation to immediately follow the suspension.
Forfeiture(s):
$1,000 to be paid by certified check within 45 days of the date of the Order and the respondent has no further similar violations or other substantive violations of the Insurance Code during the probation period.
Lyla J. Larson
; E-Case #2036;
Order effective November 13, 2007.
Violation(s):
31A-23a-105(2)(b)(i)(A) - Respondent failed to report to the commissioner any administrative action taken against her in another jurisdiction.
License Limitation(s):
12 month probation
Forfeiture(s):
$250.00, is due within 30 days of the date of the Order and the respondent has no further similar violations or other substantive violations of the Insurance Code during the probation period.
Christine K Ashdown
; E-Case #2022;
Order effective October 15, 2007.
Violation(s):
Rule R590-153-5.C - Respondent provided a credit against title and escrow fees.
License Limitation(s):
24 month probation
Forfeiture(s):
$2,000
Cathy George;
E-Case #2025;
Order effective Sep. 25, 2007.
Violation(s): U.C.A. 31A-23A-105 (1)(c) - Respondent failed to complete all required continuing education requirements prior to submitting her renewal application. Subsection 31A-2-202(6) - Respondent falsely stated that she had completed all required continuing education requirements when she did not.
License Limitation(s): 2 year probation
Forfeiture(s): $250
Justin Eggett
; E-Case #1991;
Order effective August 29, 2007.
Violation(s): 31A-23a-111 – Respondent forged another’s name to a document related to an insurance transaction; 31A-23a-402- Mr. Eggett submitted false and misleading information relating to an insurance product.
License Limitation(s): 1 Year Probation effective August 29, 2007.
Forfeiture(s):
$2500.00 and the respondent has no further similar violations or other substantive violations of the Insurance Code during the probation period.
The Talon Group;
E-Case #1803:
Order effective 7-11-06.
Violation(s):
  31A-23a-413 and Utah Administrative Rule R590-136-4 – Failure to file an Annual Report and Controlled Business Report when due.
Penalty:
  Probation for 12 months (10-19-07 to 10-19-08).
Forfeiture:
  $1,000. 
 

  License Surrendered

Francis Wrage; E-Case #2074;
Order effective November 08, 2007.
Violation(s): R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Failed to obey an order of the commissioner.
License Limitation(s): Surrender in Lieu of Administrative Action. Cannot reapply for 5 years.
Danielle Tamarra Johnson; E-Case #2089;
Order effective November 10, 2007.
Violation(s): R590-102-15(7) - Respondent failed to obey the Order of the commissioner in failing to pay an administrative forfeiture and address correction fee; 31A-2-308 - Failed to obey an order of the commissioner.
License Limitation(s): Surrender in Lieu of Administrative Action. Cannot reapply for 5 years
Gladys Mary Brecht; E-Case #2139;
Order effective March 31, 2008.
Violation(s): R590-102-12(2) - Respondent failed to pay the paper application processing fee which was due by August 10, 2007.
License Limitation(s): Surrender in Lieu of Administrative Action.
 

Forfeitures
 

Failure to Obey an Order of the Commissioner
 

David Joseph McGraw, E-Case #1957;
Order effective
7-11-2007.
Violation(s):31A-2-308; Failed to obey an order of the commissioner.
License Limitation: License revoked. Cannot reapply for 5 years
Marjorie Standifer, E-Case #1961;
Order effective 8-13-2007.
Violation(s):31A-2-308; Failed to obey an order of the commissioner.
License Limitation: License revoked. Cannot reapply for 5 years
David Thomason, E-Case #1962;
Order effective 8-13-2007.
Violation(s):31A-2-308; Failed to obey an order of the commissioner.
License Limitation: License revoked. Cannot reapply for 5 years.

All Others
 

First Automotive Service Corporation; E-Case #2116;
Order effective 3-24-2008.
Violations: 31A-23a-105(2) & (3) - Respondent failed to notify the Department of any administrative action within 30 days in another jurisdiction.
Forfeitures:
$250  paid within 30 days of the date of the Order
Advantage Title Company;
E-Case #2122; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $3,000
Direct Title Insurance Agency, Inc.;
E-Case #2130; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to timely file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $500
Lenders First Choice Agency of Utah, Inc.;
E-Case #2127; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $1,000
Liberty Title Insurance Agency and Escrow, Inc.;
E-Case #2128; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $1,000
National Title Agency;
E-Case #2129; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $1,000
Nations Title Insurance Agency of Utah, Inc.; E-Case #2125; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $1,000
Professional Title Services;
E-Case #2131; Informal Adjudicative Proceeding
Order Effective 2-19-2008
Violations: 31A-23a-413 and R590-136 – Failure to timely file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $3,500
Summit Escrow & Title Insurance Agency, LLC;
E-Case #2123; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $1,000
Utah Mountain Title & Escrow Insurance Agency;
E-Case #2126; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $1,000
Utah Standard Title Insurance Agency;
E-Case #2124; Informal Adjudicative Proceeding
Order effective 2-19-2008.
Violations: 31A-23a-413 and R590-136 – Failure to file and annual report and controlled business report for the calendar year 2006.
Forfeiture: $2,000
Jeffrey Lynn Bangerter
; E-Case #2093;
Order effective 12-11-2007.
Violations: 31A-23a-105(2)(c)- Respondent failed to disclose an administrative action taken against him by another regulatory agency in this state.
Forfeitures: $250.00 to be paid within 30 days of the date of the Order.
Richard Niece
; E-Case #2104;
Order effective 12-11- 2007.
Violations: 31A-23a-105(2) - Respondent failed to disclose an administrative action taken against him by another regulatory agency in this state;
Forfeiture(s):
$250 shall be paid within 30 days of the date of the Order.
One For The Money Financial Inc.
; E-Case #2086; Informal  Adjudicative Proceeding
Order effective 12-7-2007).
Violation(s): Utah Administrative Rule R590-130-12 - misleading advertising, using symbols and other devices which demonstrated a connection to the federal government. Utah Administrative Rule R590-154-7 - Using a name other than the exact name appearing with the licensing division.
License Limitation(s): N/A
Forfeiture(s): $1000
    

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