2018 Administrative Actions
Insurer Licensees
Settlement Agreement & Consent Order
National Union Fire Insurance Company: Docket No. 2018-039 AD
United States Fire Insurance Company: Docket No. 2018-035 AD
Generali US Branch: Docket No. 2018-036 AD
HCC Life Insurance Company: Docket No. 2018-003 AD
Nationwide Mutual Insurance Company: Docket No. 2018-002 AD
Arch Insurance Company: Docket No. 2017-111 AD
Cease & Desist Order
None
Surrender
None
Revocation
None
Probation
None
Suspension
None
Cancellation
None
Forfeiture
New Colonial Penn Life Insurance Company: Docket 2018-041 HL
Regence BlueCross BlueShield of Utah: Docket #2018-015 HL
The Union Labor Life Insurance Company: Docket #2018-017 HL
Forethought Life Insurance Company: Docket #2018-027 HL
Cigna Health & Life Insurance Company: Docket #2018-024 HL
Connecticut General Life Insurance Company: Docket #2018-025 HL
4 Ever Life Insurance Company: Docket #2018-026 HL
United States Fire Insurance Company: Docket #2018-029 PC
Catlin Insurance Company Inc.: Docket #2017-067 HL
Public Letter of Admonition
None
Individual & Agency Licensees
Cease & Desist Order
None
Revocation
Statewide Bail Bonding LLC: Docket No. 2018-021 BB
Statewide Bail Bonding LLC: Docket No. 2018-016 BB
Suspension
None
Probation
Brett R. Johnson: Docket #2018-011 PC
Audrey Michelle Loosemore: Docket #2018-031 PL
Forfeiture
New National Agents Alliance Insurance Agency LLC: Docket #2018-018 HL
Aggressive Insurance Services LLC: Docket #2018-012 PC
Mark Gregory Dawahare: Docket #2017-028 LF
Title Guarantee: Docket #2018-013 TI
Jonathan Troy Vealey: Docket #2018-014 TI
NETCO, Inc.: Docket #2018-20 TI
Select Title Insurance Agency, Inc.: Docket #2018-009 TI
Insurance TPA.Com, Inc.: Docket #2018-030 PC
United West Title Insurance Agency Inc.: Docket #2018-010 TI
State Street Truck Stop: Docket #2017-115 PC
Matthew David Hardy: Docket #2017-114 PC
License Surrendered
Aggressive Insurance Services LLC: Docket# 2018-012 PC
License Denied
New Michael Lynn Palmer: Docket #2017-104 LC
New Viviana Alejandra Caceres: Docket #2018-022 PL
Justin Companion: Docket #2017-087 LC
Braxton Eliason: Docket #2017-098 LC
Pamela Clark: E-Case #3993
Mauricio Gustavo Melendez: E-Case #3996
Terri Ann Kiesz: E-Case #3997
Public Letter of Admonition
None
2017 Administrative Actions
Insurer Licensees
Settlement Agreement & Consent Order
New Old Republic Insurance Company:
Docket No. 2017-116 AD; Order effective June 23, 2017.
The Utah Insurance Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issues: 1) adhere to licensing laws of each participating state; 2) cease offering sales through a trust in states whose laws do not authorize such sales; 3) comply with rate transparency by complying with the Merlinos Actuarial Report which contains Forward Looking Guidelines for rate filings; 4) pre-existing condition claims will be adjudicated based on the laws of each state , and that pre-existing waivers will waive all pre-existing conditions; 5) cease prohibiting the use of opt-out sales practices unless such sales are authorized under state law; and 6) cease prohibiting the use of bundling in states whose laws prohibit the practice and will comply with required disclosures in states that permit bundling.
State Farm Life Insurance Company, State Farm Life Accident Assurance Company, and State Farm Annuity and Life Assurance Company (aka) State Farm Health Insurance Company:
Docket No. 2017-113 AD; Order effective November 1, 2017.
The Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issue : concerns regarding the adequacy and timeliness of the Companies policies and procedures to (1) identify potentially deceased insureds, annuitants, annuity contract owners and retained asset account holders; (2) locate and pay beneficiaries when the State Farm companies may have knowledge that an insured has died but no claim has been filed; and (3) handle other areas related to claims settlement and practices and management of unclaimed property.
Transamerica Casualty Insurance Company:
Docket No. 2017-110 AD; Order effective December 15, 2017.
The Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issues: 1) adhere to licensing laws of each participating state; 2) cease offering sales through a trust in states whose laws do not authorize such sales; 3) comply with rate transparency by complying with the Merlinos Actuarial Report which contains Forward Looking Guidelines for rate filings; 4) pre-existing condition claims will be adjudicated based on the laws of each state , and that pre-existing waivers will waive all pre-existing conditions; 5) cease prohibiting the use of opt-out sales practices unless such sales are authorized under state law; and 6) cease prohibiting the use of bundling in states whose laws prohibit the practice and will comply with required disclosures in states that permit bundling.
Berkshire Hathaway:
Docket No. 2017-108 AD; Order effective December 12, 2017.
The Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issues: 1) adhere to licensing laws of each participating state; 2) cease offering sales through a trust in states whose laws do not authorize such sales; 3) comply with rate transparency by complying with the Merlinos Actuarial Report which contains Forward Looking Guidelines for rate filings; 4) pre-existing condition claims will be adjudicated based on the laws of each state , and that pre-existing waivers will waive all pre-existing conditions; 5) cease prohibiting the use of opt-out sales practices unless such sales are authorized under state law; and 6) cease prohibiting the use of bundling in states whose laws prohibit the practice and will comply with required disclosures in states that permit bundling.
American Modern Home Insurance Company:
Docket No. 2017-107 AD; Order effective December 11, 2017.
The Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issues: 1) adhere to licensing laws of each participating state; 2) cease offering sales through a trust in states whose laws do not authorize such sales; 3) comply with rate transparency by complying with the Merlinos Actuarial Report which contains Forward Looking Guidelines for rate filings; 4) pre-existing condition claims will be adjudicated based on the laws of each state , and that pre-existing waivers will waive all pre-existing conditions; 5) cease prohibiting the use of opt-out sales practices unless such sales are authorized under state law; and 6) cease prohibiting the use of bundling in states whose laws prohibit the practice and will comply with required disclosures in states that permit bundling.
Jefferson Insurance Company:
Docket No. 2017-106 AD; Order effective December 12, 2017.
The Utah Insurance Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issues: 1) adhere to licensing laws of each participating state; 2) cease offering sales through a trust in states whose laws do not authorize such sales; 3) comply with rate transparency by complying with the Merlinos Actuarial Report which contains Forward Looking Guidelines for rate filings; 4) pre-existing condition claims will be adjudicated based on the laws of each state , and that pre-existing waivers will waive all pre-existing conditions; 5) cease prohibiting the use of opt-out sales practices unless such sales are authorized under state law; and 6) cease prohibiting the use of bundling in states whose laws prohibit the practice and will comply with required disclosures in states that permit bundling.
BCS Insurance Company:
Docket No. 2017-105 AD; Order effective December 12, 2017.
The Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issues: 1) adhere to licensing laws of each participating state; 2) cease offering sales through a trust in states whose laws do not authorize such sales; 3) comply with rate transparency by complying with the Merlinos Actuarial Report which contains Forward Looking Guidelines for rate filings; 4) pre-existing condition claims will be adjudicated based on the laws of each state , and that pre-existing waivers will waive all pre-existing conditions; 5) cease prohibiting the use of opt-out sales practices unless such sales are authorized under state law; and 6) cease prohibiting the use of bundling in states whose laws prohibit the practice and will comply with required disclosures in states that permit bundling.
QBE Holdings Inc.:
Docket No. 1017-101 AD; Order effective November 22, 2017.
The Department adopts and approves the Multi-State Regulatory Settlement Agreement on the following issues: 1) force-placed hazard insurance rates were likely excessive on a “countrywide” basis and the premium produced by these rates exceeded losses and legitimate expenses; and 2) this “surplus premium” appears to have been used to fund rebates to QBE’s mortgage servicer clients worth hundreds of millions of dollars.
Cease & Desist Order
None
Surrender
None
Revocation
None
Probation
None
Suspension
None
Cancellation
None
Forfeiture
Engineered Polymer Solutions Inc., DBA Guardsman: E-Case #3883; Order effective December 28, 2017.
Violations: 31A-6a-103(2)(c) and (d), and R590-225-5(1) and 7(1)(b) – Used unfiled forms, used modified or replaced forms without filing and without filing 30 days prior, used form numbers that differed from form filing submissions;
31A-21-201(2), and R590-225-4(1), 5(2), 6((5)(a)(i), and (7)(1) – Submitted one falsely certified form, and failed to certify one form;
31A-6a-106(1), and R590-225-4(b), 5(1), and 7(1) – Failed to maintain required records;
31A-2-202(6), and R590-225-5 – False, misleading, or incomplete information to the Commissioner; and
31A-23a-402(1)(a), and R590-225-5 – False, misleading, or incomplete information in relation to insurance.
Forfeiture: $16,500
Allstate Fire and Casualty Insurance Company: E-Case #3932; Order effective September 20, 2017.
Violation: R590-190-10(3) – Failure to provide a claim payment within 30 days.
Forfeiture: $4,000
American Family Mutual Insurance Company: E-Case #3935; Order effective September 21, 2017.
Violation: 31A-23a-201 – Filing of Forms: Respondent mailed 43,903 endorsements to policyholders in Utah, utilizing language that violates administrative rule.
Forfeiture: $39,400
Universal Fire & Casualty Insurance Company: E-Case #3936; Order effective September 28, 2017.
Violations: 31A-21-201 and 31A-35-607 – Respondent used unfiled forms;
31A-23a-402 – Respondent provided false and misleading information to the Department.
Forfeiture: $7,500
United Services Automobile Association: E-Case #3931; Order effective Sep. 20, 2017.
Violation: 31A-26-303(3) – Unfair claims settlement practice.
Forfeiture: $2,000
Select Home Warranty LLC: E-Case #3922; Order effective August 24, 2017.
Violations: 31A-6a-103 and 31A-2-202 – Failed to properly register with the Department prior to selling home service contracts;
31A-19a-203 – Failed to file rates prior to selling home service contracts; and
31A-2-202 – Failed to submit a copy of its service contract reimbursement policy, application fee, and copy of service contract before selling home service contracts to Utah residents.
Forfeiture: $17,000
Geico Casualty Company: E-Case #3917; Order effective July 19, 2017.
Violation: R590-190-11(12) – Failed to provide reasonable written notice to claimant prior to termination of payment for auto storage charges.
Forfeiture: $3,000
United States Fire Insurance Company: E-Case #3915; Order effective July 12, 2017.
Violations: 31A-21-201 – Respondent used unfiled rates and forms;
31A-43-302, R590-268-8 – Respondent failed to file their annual actuarial memorandums for 2014, 2015, & 2016;
31A-43-301(1)(g) – Respondent used non-compliant provision as to payment of claims;
31A-43-301(1)(f) – Respondent’s policy forms failed to include aggregate attachment points;
31A-43-301(1) – Respondent used limitations and exclusions that did not align with the employer’s health benefit plan; and
31A-2-202(6) – Respondent provided false and misleading information to the Department
Forfeiture: $67,500
United Services Automobile Association: E-Case #3914; Order effective July 5, 2017.
Violations: 31A-26-303(3) and R590-190-10(3) – Delay in claim handling and payment.
Forfeiture: $3,000
United Automobile Insurance Company: E-Case #3882; Order effective June 30, 2017.
Violations: 31A-26-303 – Respondent failed to settle third-party claims within 30 days of receiving written proof of loss in violation of unfair claim settlement practices; and
R590-190-10(3) – Failed to apply minimum standards for prompt, fair and equitable settlements.
Forfeiture: $30,000
Guarantee Trust Life Insurance Company: E-Case #3861; Order effective May 12, 2017.
Violation: R590-220-9 – Respondent failed to file the Utah Accident and Health Insurance Group Questionnaires for five association groups.
Forfeiture:$12,500
Allstate Fire and Casualty Insurance Company: E-Case #3873; Order effective March 31, 2017.
Violations: R590-190-11(9) – Did not timely issue a loss of use payment to the claimant.
Forfeiture: $4,000
Morgan Insurance Company: E-Case #3865; Order effective March 7, 2017.
Violations: R590-238-6 – Respondent failed to submit annual audits;
31A-37-501(2)(a) – Respondent failed to submit annual report;
R590-238-6 – Respondent failed to maintain an approved captive manager; and
R590-238-20(3)(4) – Respondent failed to pay annual renewal and e-commerce fees.
Forfeiture: $5,300
Liberty Mutual Ins.: E-Case #3858; Order effective February 2, 2017.
Violations: R590-121-5 – Failed to adequately document justifications as to why debits were applied in its rate modifications.
Forfeiture: $5,000
Public Letter of Admonition
American Family Ins. Co.: I-Case #68363; dated May 9, 2017.
Violation: 31A-26-303 – Failing to adopt and implement reasonable standards for the prompt investigation and pay a claim timely.
Public Letter of Admonition
ACCC Insurance Co.: I-Case #68362; dated April 25, 2017.
Violation: R590-190-10 – Failing to adopt reasonable standards for a prompt investigation and notify the insured of the status of the claim.
Public Letter of Admonition
Individual & Agency Licensees
Cease & Desist Order
New Skinny Wimp Moving Company: E-Case #3953; Order effective 02-15-2018.
Violation: 31A-23a-103 (1)(a) – Unless exempted from the license requirement under section 31A-23a-201 or 31A-23a-207, a person may not perform, offer to perform, or advertise any service as a producer, surplus lines producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary in Utah, without a valid individual or agency license issued under this chapter.
Forfeiture: Cease and desist
Revocation
Best Bail Bonds: E-Case #3879; Order effective July 5, 2017.
Violations: 31A-35-504 (2)(a)(i) Failed numerous times to pay bail bond forfeiture judgments within fifteen (15) days of receiving notice from the prosecutor’s office of the court’s entry of forfeiture judgment;
31A-35-504(1)(b) Failed numerous times to satisfy bail bond forfeiture judgments within five (5) days of receipt of notice;
31A-23a-111A(5)(b)(i) Failed to demonstrate trustworthiness and competence by not paying the required bail bond forfeitures;
31A-23a-111(5)(b)(ii)(C) Violated a Mandatory Order of the Commissioner;
31A-23a-111(5)(iv) Failed to pay a final judgment within 60 days;
31A-23a-111(5)(xvi)(B) Demonstrated financial irresponsibility; and
31A-23a-111(5)(xxiv) Engaged in a method or practice in the conduct of bail bond business that endangered the legitimate interests of the customers and the public.
License Limitation: Revoked
Ace Bail Bonds: E-Case #3874; Order effective May 1, 2017.
Violations: 31A-35-504 Failed to satisfy two bail bond forfeiture judgments within five (5) days of receipt of notice; and
31A-35-504(5) Failed to pay the forfeiture amounts and notify the Utah Insurance Department that the forfeiture amounts had been paid.
License Limitation: Revoked
Suspension
Ace Bail Bonds: Mandatory Suspension Order; Order effective January 18, 2017.
Violations: 31A-35-504(3) – Failed to satisfy two bail bond forfeitures.
License Limitation: Suspended for a minimum of 14 business days for failure to satisfy two bail bond forfeiture judgments
Probation
New Gateway Title Insurance Agency: E-Case #3823; Order effective November 15, 2017.
Violations: 31A-23a-402(2)(a)(iv) – Cannot provide material inducement; and
31A-23a-406(3)(b) and (c) – Must use money in escrow solely to fulfill the terms of the individual escrow.
Forfeiture: $17,500
License Limitation: 12 months probation
New Timothy V. Provost: E-Case #3989; Order effective August 10, 2017.
Violation: 31A-23a-111 (5)(b)(xvi) – Demonstrated untrustworthiness or financial irresponsibility in the conduct of business.
License Limitation: 24 months probation
New Cory Giles: E-Case #3988; Order effective September 14, 2017.
Violation: 31A-23a-111 (5)(b)(xvi) Demonstrated untrustworthiness or financial irresponsibility in the conduct of business.
License Limitation: 24 months probation
Scott Dirk Christensen and Alliance Group Inc.: E-Case #3947; Order effective November 17, 2017.
Violations: 31A-23a-402(2) – Induced consumer into continuing an insurance contract by paying premiums on behalf of the insured;
31A-21-104 – Insurable interest and consent. Respondent violated when he tried to transfer ownership of the policy to his agency and tried to name himself as beneficiary of the policy; and
31A-2-202 – Reports and replies. Respondent failed to provide the department with certain information regarding the investigation.
Forfeiture: $2,500
License Limitation: 24 months probation
Get Me Out Inc.: E-Case #3938; Order effective October 18, 2017.
Violations: 31A-35-603 and 608 – Failed to take and keep records of expenses incurred in searching for a client after a breach of the contract; and
31A-23a-409 – Commingling of funds.
Forfeiture: $5,000
License Limitation: 3 months probation
Juab Title: E-Case #3822; Order effective June 28, 2017.
Violation: R592-6-4(21)(a) – Respondent provided title and escrow services on real property where an existing or anticipated investment loan or financing has been or will be provided by said title insurance producer; and
R592-6-4(10) – Respondent shared office space with a client (co-habitation).
Forfeiture: $6,666.67
License Limitation: 24 months probation
Marry Lou Sperry: E-Case #3822; Order effective June 28, 2017.
Violation: R592-6-4(21)(a) – Respondent provided title and escrow services on real property where an existing or anticipated investment loan or financing has been or will be provided by said title insurance producer; and
R592-6-4(10) – Respondent shared office space with a client (co-habitation).
Forfeiture: $6,666.67
License Limitation: 24 months probation
Craig Sperry: E-Case #3822; Order effective June 28, 2017.
Violation: R592-6-4(21)(a) – Respondent provided title and escrow services on real property where an existing or anticipated investment loan or financing has been or will be provided by said title insurance producer; and
R592-6-4(10) – Respondent shared office space with a client (co-habitation).
Forfeiture: $6,666.67
License Limitation: 24 months probation if license is reinstated
Landcar Agency DBA Total Care Auto; E-Case #3880; Order effective June 16, 2017.
Violations: 31A-6a- 103, – Respondent continued to sell Vehicle Protection Products coupled with Identity Theft Protection which is not defined as a VPP product;
31A-23a-103(1)(c) – Unlicensed producers were utilized to sell Guaranteed Asset Protection Waivers;
31A-23a-302 – Failure to designate limited line producers to act on behalf of the agency;
31A-23a-110 – Doing business under another name than the licensee’s legal name; and
R590-130-6 – The format and content of an insurance advertisement shall be sufficiently complete and clear to avoid deceiving or misleading the reader, viewer or listener. Identity Theft Protection was advertised as a benefit coupled with Vehicle Protection Product on its website.
License Limitation: 12 months probation
Forfeiture: $229,000
Forfeiture
New Gateway Title Insurance Agency: E-Case #3823; Order effective November 15, 2017.
Violations: 31A-23a-402(2)(a)(iv) – Cannot provide material inducement; and
31A-23a-406(3)(b) and (c) – Must use money in escrow solely to fulfill the terms of the individual escrow.
Forfeiture: $17,500
License Limitation: 12 months probation
New Security Title Company of Beaver County: E-Case #3908; Order effective June 20, 2017.
Violations: R592-11 – Respondent failed to file their annual and controlled business reports for calendar year 2016.
Forfeiture: $1,000
New Action Title Company: E-Case #3889; Order effective June 13, 2017.
Violations: R592-11 – Respondent failed to file their annual and controlled business reports for calendar year 2016.
Forfeiture: $1,000
B & B Bail Bonds: E-Case #3949; Order effective November 15, 2017.
Violations: 31A-35-607(b)(ii) – Failed to list their email address on all forms required to be filed with the department; and
31A-35-607(2) – Failed to file forms 30 days before use.
Forfeiture: $5,000
Scott Dirk Christensen and Alliance Group Inc.: E-Case #3947; Order effective November 17, 2017.
Violations: 31A-23a-402(2) – Induced consumer into continuing an insurance contract by paying premiums on behalf of the insured;
31A-21-104 – Insurable interest and consent. Respondent violated when he tried to transfer ownership of the policy to his agency and tried to name himself as beneficiary of the policy; and
31A-2-202 – Reports and replies. Respondent failed to provide the department with certain information regarding the investigation.
Forfeiture: $2,500
License Limitation: 24 months probation
Beehive Bail Bonds: E-Case #3943; Order effective December 6, 2017.
Violations: 31A-35-402 – Engaged in the business of selling “cash only” bail contracts;
31A-35-607(1)(a)(c) – Used forms filed under bail authority to secure “cash only” bail contracts; and
31A-23a-402 – Led customers to believe that Respondent’s bail license allowed the sale of “cash only” bail contracts.
Forfeiture: $8,000
Elite Warranty/Marathon: E-Case #3942; Order effective October 26, 2017.
Violation: 31A-6a-103(2) – Failed to register as a service provider and failed to wait 30 days prior to using filed forms.
Forfeiture: $10,000
Legacy RV Center: E-Case #3926; Order effective August 30, 2017.
Violations: 31A-6b-201 and 31A-23a-103 – Selling guarantee asset protection waiver insurance without a license.
Forfeiture: $4,000
Get Me Out Inc.: E-Case #3938; Order effective October 18, 2017.
Violations: 31A-35-603 and 608 – Failed to take and keep records of expenses incurred in searching for a client after a breach of the contract; and
31A-23a-409 – Commingling of funds.
Forfeiture: $5,000
License Limitation: 3 months probation
Kornerstone Administrative Services: E-Case #3930; Order effective September 27, 2017.
Violations: 31A-6a-103 – Respondent sold vehicle protection products that were not compliant with state statute.
Forfeiture: $10,000
Century Benefits, LLC: E-Case #3928; Order effective September 20, 2017.
Violations: 31A-23a-103 – Requirements of license; and
31A-23a-302 – Agency Designations: Respondent allowed unlicensed and unassociated producers to conduct insurance business on behalf of the agency.
Forfeiture: $26,250
Toyota Bountiful: E-Case #3927; Order effective Sep. 19, 2017.
Violation: 31A-6b-201(1) – Sold guaranteed asset protection waiver without a limited line producer license.
Forfeiture: $6,000
YourPeople Inc., dba Zenefits FTW Insurance Services: E-Case #3925; Order effective Aug. 30, 2017.
Violations: 31A-23a-103 & Utah Administrative Rule R590-244-5 – Failed to use a properly licensed person to conduct insurance business; and
31A-23a-301 & 31A-23a-408 – Agency failed to properly designate and contract with individuals, with an individual license, to act on behalf of the agency for business conducted in Utah.
Forfeiture: $125,000
Ryan Bennett Edwards: E-Case #3923; Order effective July 25, 2017.
Violations: 31A-2-202(1) – Failure to cooperate;
31A-2-202(4) – Failure to reply promptly in writing to a reasonable written inquiry;
31A-2-202(6) – Failure to submit accurate and complete information; and
31A-23a-412 and R590-258 – Failure to register and maintain valid address and email address.
Forfeiture: $6,000
Gallagher Bassett Services: E-Case #3924; Order effective Aug. 3, 2017.
Violations: 31A-26-303 – Failed to acknowledge and act promptly upon an insurance claim when Respondent delayed four months before sending a denial letter to the claimant.
Forfeiture: $1,500
A Sportsman’s Bail Bonds: E-Case #3920; Order effective July 27, 2017.
Violations: 31A-23a-302(1) – Failed to designate an individual to an agency;
31A-23a-408 – Failed to appoint an individual to act on behalf of the agency; and
31A-35-402(2) – Failed to designate an individual to an agency.
Forfeiture: $500
Javier Ponce De Leon and Javier Ponce De Leon Insurance Agency Inc.: E-Case #3869; Order effective July 26, 2017.
Violations: 31A-31-103, 31A-23a-402, and 31A-23a-111 – Respondents committed multiple fraudulent insurance acts by forging multiple vehicle bills of sale and then submitting the forged bills of sale to the insurance carrier, along with insurance applications in an attempt to override the need to provide prior proof of insurance; and
31A-23a-302 and R590-244-5 – Respondents failed to designate producers to act on the agency’s behalf and allowed non-licensed individuals to quote and write new insurance business.
Forfeiture: $16,000
Juab Title: E-Case #3822; Order effective June 28, 2017.
Violation: R592-6-4(21)(a) – Respondent provided title and escrow services on real property where an existing or anticipated investment loan or financing has been or will be provided by said title insurance producer; and
R592-6-4(10) – Respondent shared office space with a client (co-habitation).
Forfeiture: $6,666.67
License Limitation: 24 months probation
Marry Lou Sperry: E-Case #3822; Order effective June 28, 2017.
Violation: R592-6-4(21)(a) – Respondent provided title and escrow services on real property where an existing or anticipated investment loan or financing has been or will be provided by said title insurance producer; and
R592-6-4(10) – Respondent shared office space with a client (co-habitation).
Forfeiture: $6,666.67
License Limitation: 24 months probation
Craig Sperry: E-Case #3822; Order effective June 28, 2017.
Violation: R592-6-4(21)(a) – Respondent provided title and escrow services on real property where an existing or anticipated investment loan or financing has been or will be provided by said title insurance producer; and
R592-6-4(10) – Respondent shared office space with a client (co-habitation).
Forfeiture: $6,666.67
License Limitation: 24 months probation upon license reinstatement
Coalition Title Agency: E-Case #3912; Order effective June 9, 2017.
Violation: 31A-23a-413, 31A-23a-503(8) and R592-11-3 – Failure to timely file annual controlled business report.
Forfeiture: $1,000
First Title of Utah Inc.: E-Case #3896; Order effective June 9, 2017.
Violation: 31A-23a-413, 31A-23a-503(8) and R592-11-3 – Failure to timely file annual controlled business report.
Forfeiture: $1,000
All Out Bail Bonds: E-Case #3885; Order effective June 06, 2017.
Violations: 31A-23a-302(1) – Failed to designate an individual to an agency;
31A-23a-408 – Failed to appoint an individual to act on behalf of the agency; and
31A-35-402(2) – Failed to designate an individual to an agency.
Forfeiture: $500
Landcar Agency DBA Total Care Auto; E-Case #3880; Order effective June 16, 2017.
Violations: 31A-6a- 103, – Respondent continued to sell Vehicle Protection Products coupled with Identity Theft Protection which is not defined as a VPP product;
31A-23a-103(1)(c) – Unlicensed producers were utilized to sell Guaranteed Asset Protection Waivers;
31A-23a-302 – Failure to designate limited line producers to act on behalf of the agency;
31A-23a-110 – Doing business under another name than the licensee’s legal name; and
R590-130-6 – The format and content of an insurance advertisement shall be sufficiently complete and clear to avoid deceiving or misleading the reader, viewer or listener. Identity Theft Protection was advertised as a benefit coupled with Vehicle Protection Product on its website.
License Limitation: 12 months probation
Forfeiture: $229,000
Action Title Company Inc.: E-Case #3889; Order effective June 9, 2017.
Violation: 31A-23a-413, 31A-23a-503(8) and R592-11-3 – Failure to timely file annual controlled business report.
Forfeiture: $1,000
Reltco of Utah LLC; E-Case #3906; Order effective June 9, 2017.
Violation: 31A-23a-413, 31A-23a-503(8) and R592-11-3 – Failure to timely file annual controlled business report.
Forfeiture: $1,000
Infinity Title Insurance Agency LLC: E-Case #3898; Order effective June 9, 2017.
Violation: 31A-23a-413, 31A-23a-503(8) and R592-11-3 – Failure to timely file annual controlled business report.
Forfeiture: $1,000
Linear Title Agency of Utah LLC: E-Case #3872; Order effective May 8, 2017.
Violation: 31A-23a-302 – Agency designations. Respondent failed to renew agency license and conducted title and escrow services during the time license lapsed.
Forfeiture: $1,000
Commercial & Residential Title Insurance Agency Inc.: E-Case #3893; Order effective June 9, 2017.
Violation: 31A-23a-413, 31A-23a-503(8) and R592-11-3 – Failure to timely file annual controlled business report.
Forfeiture: $1,000
BNT of Utah LLC: E-Case #3878; Order effective April 13, 2017.
Violation: 31A-19a-2019(2) – Conducted escrow without having filed rates.
Forfeiture: $1,500
HTK Insurance Agency: E-Case #3870; Order effective April 13, 2017.
Violation: 31A-23a-105(2) – Failed to report administrative actions from other states and by another regulatory agency.
Forfeiture: $1,500
Action Immigration Bonds and Insurance Services, Inc.: E-Case #3881; Order effective April 28, 2017.
Violations: 31A-23a-402.5 – Paid referral fees to agents who did not hold the qualifications of casualty and property;
31A-23a-402 – Charged yearly management fee, but advertised that an annual renewal fee was not charged;
31A-23a-402 and R590-154.5 – Used a business name that implied an association with an organization that does not exist.
Forfeiture: $18,000
Wasatch Title Insurance Agency, LLC: E-Case #3871; Order effective March 23, 2017.
Violations: 31A-23a-103 – requirements of license; and
31A-23a-302 – Agency designations. Respondent failed to renew agency license and conducted title and escrow services during the time license lapsed. Conducted title and escrow services without an active association.
Forfeiture: $3,000
Heritage Title Insurance Agency, Inc.: E-Case #3866; Order effective March 8, 2017.
Violation: R592-6-4(13) – Paid salary to an active real estate agent while licensed as a Title Escrow Producer.
Forfeiture: $2,000
Real Advantage Title Insurance Company: E-Case #3845; Order effective January 30, 2017.
Violations: 31A-23a-103 – Requirements of license;
31A-23a-302 – Agency designations; and
31A-14-211 – Respondent conducted title and escrow services utilizing unlicensed agencies/individuals and issued directly to the consumer without utilizing a licensed agency or through an office in this State.
Forfeiture: $63,955
PETPLAN (DBA: Fetch Insurance Services, LLC): E- Case #3847; Order effective February 16, 2017.
Violations: 31A-25-203 – Adjudicated claims outside of their license authority.
Forfeiture: $3,000
Nikolaos Paras: E-Case #3856; Order effective January 26, 2017.
Violations: 31A-2-202 – Failed to respond to the Department concerning actions taken in other states.
Forfeiture: $500
Joey S Webb Agency: E-Case #3849; Order effective January 25, 2017.
Violations: 31A-2-202(6) – Failed to submit accurate and complete information to the commissioner;
31A-23a-111(5) – Reckless or negligent agency supervision, allowed producers to forge another’s name to insurance applications and documents related to insurance transactions, demonstrated untrustworthiness;
31A-23a-302(2)(b) and (7)(a) – Failed to report producers terminated for cause;
31A-23a-302(2)(a) and (7)(a); R590-244(12)(1) – Allowed non-designated producers to represent the agency;
31A-23a-402(1)(a) – Committed unfair marketing practices;
Forfeiture: $9,500
License Surrendered
Brett Labrum: E-Case #3944; Order effective October 26, 2017.
Violation: 31A-23A- 111(8) – Licensee may not apply for any insurance license within the State of Utah within 5 years of the date of this agreement.
License Limitation: Surrendered in lieu of administrative action
Parker David Reed: E-Case #3940; Order effective Oct. 5, 2017.
Violation: 31A-23A-111(8) – Surrender of license in lieu of administrative action.
License Limitation: Surrendered in lieu of administrative action
Ryan Bennett Edwards: E-Case #3923; Order effective October 2, 2017.
Violations: 31A-2-202(1), (4), and (6) – Failed to submit accurate and complete information to the commissioner, failed to cooperate, failed to reply promptly and in writing;
31A-23a-107(2) – Failed to meet character requirements;
31A-23a-111(5) – Violated insurance statute(s), rule(s) and a valid order of the commissioner, used fraudulent and dishonest practices, demonstrates untrustworthiness, financial irresponsibility, refused to produce records and files for examination;
31A-23a-402(1) – Communicated false and misleading information in other instances;
31A-23a-409(1) and (6) – Failed to promptly deposit money into the trust account, diverted money from the trust account into another account; and
31A-31-103(1) – False representation in a limited lines application submitted to the Department.
License Limitation: Surrendered in lieu of administrative action. Licensee agrees to provide this agreement to any insurance department, or to any insurer inquiry.
Mustafa (agency) and Mustafa Aziz Alhussaini: E-Case #3860; Order effective July 7, 2017.
Violations: §31A-31-103(1) – Committed two fraudulent insurance acts, Third District Court Case #151905709 FS, false certification in the agency and individual producer renewal applications.
31A-2-202(6) – Failed to submit accurate and complete information to the commissioner;
31A-23a-105(2) – Provided materially untrue information in license renewal applications;
31A-23a-107(2) – Failed to meet character requirements;
31A-23a-110(2) – Failed to report assumed names;
31A-23a-111(5) – Was found to have committed an insurance unfair trade practice or fraud, used fraudulent and dishonest practices, demonstrates untrustworthiness, and obtained licenses through fraud or misrepresentation;
31A-23a-203.5(1) – Failed to maintain errors and omissions insurance coverage;
31A-23a-402(1) – False representation of errors and omissions insurance coverage, communicated false and misleading information in other instances; and
31A-23a-409(2) – Failed to identify the agency trust account.
License Limitation: Surrendered in lieu of administrative action
Kelstrom, Sean L.: E-Case #3911; Order effective: June 16, 2017.
Violations: 31A-23a-111(5)(b)(xiii)(A) – Intentionally misrepresented terms of actual or proposed insurance contract; and
31A-23a-402(1)(a)(i)(A) – Provided falsified Annual Statement to the Insured.
License Limitation: Surrendered in lieu of administrative action
Rebel Bail Bonds Inc. and Melody Brady: E-Case #3864; Order effective February 23, 2017.
Violations: 31A-35-603 – Failure to return collateral; and
31A-35-504 – Failure to pay forfeiture judgments.
License Limitation: Surrendered in lieu of administrative action
James Duane Trejo: E-Case #3848; Order effective February 7, 2017.
Violations: 31A-23a-107; Character requirements. Termination for cause by Insurer.
License Limitation: Surrendered in lieu of administrative action
J. Duane Trejo Insurance Agency: E-Case #3848; Order effective February 7, 2017.
Violations: 31A-23a-107; Character requirements. Termination for cause by Insurer.
License Limitation: Surrendered in lieu of administrative action
License Denied
New Andrew Rojas: E-Case #3990; Order effective August 31, 2017.
Violations: 31A-23a-107 – Failed to meet the trustworthy character requirement for licensing; and
31A-23a-111(5)(b)(iv) – Failed to timely pay a final judgment rendered in this state.
License Limitation: License denied
New Ryan Bennett Edwards: E-Case #3991; Order effective October 3, 2017.
Violations: 31A-23a-111(5)(b)(iv) – Failed to timely pay a final judgment rendered in this state; and
31A-23a-111(8) – As a result of entering into an Agreement dated October 2, 2017, to Surrender an existing license in Lieu of Administrative Action (E-Case #3923), is therefore ineligible to apply for a license within 5 years from date of the Agreement without the express approval of the Commissioner.
License Limitation: License denied
Samantha Johns: E-Case #3945; Order effective December 1, 2017.
Violations: 31A-23a-107(2)(a) – Failed to meet the character requirement of trustworthiness; and
31A-23a-111(5)(b)(ix) – Provided incorrect, misleading, or materially untrue information in the license application.
License Limitation: License denied
Mercedes Brooks: E-Case #3934; Order effective October 11, 2017.
Violation: 31A-23a-107 – Failed to meet the trustworthy character requirement for licensing; and
31A-23a-111(5)(b)(iv) – Failed to timely pay a final judgment rendered in this state.
License Limitation: License denied
Elise Ann Mulligan: E-Case #3863; Order effective July 6, 2017.
Violation: 31A-23a-107 – Failed to meet the trustworthy character requirements for licensing;
31A-23a-105(1)(b)(ii) – Failed to satisfy the character requirements under 31A-23a-107;
31A-23a-105(1)(b)(vii) – Committed an act that is a ground for denial under 31A-23a-111;
31A-23a-111(5)(b)(i) – Unqualified for a license;
31A-23a-111(5)(b)(xiv) – Convicted of a felony; and
31A-23a-111 (5)(b)(xxiii) – Convicted of a felony involving dishonesty in violation of 18 U.S.C. Section 1033 and therefore under 18 U.S.C. Section 1033 is prohibited from engaging in the business of insurance.
License Limitation: License denied
Justin Bohannon: E-Case #3886; Order effective June 16, 2017.
Violation: 31A-23a-111 (5)(b)(xiv) – Convicted of a felony and is unqualified for a license under 31A-23a-104 and 105.
License Limitation: License denied
Jesse Steven Houchins: E-Case #3859; Order effective January 26, 2017.
Violation: 31A-23a-111 (5)(b)(xxiii) – Convicted of a felony involving dishonesty in violation of 18 U.S.C. Section 1033 and therefore under 18 U.S.C. Section 1033 is prohibited from engaging in the business of insurance.
License Limitation: License denied
Shawn Kyle Henry: E-Case #3855; Order effective January 6, 2017.
Violations: 31A-23a-107 – Failed to meet the trustworthy character requirements for licensing;
31A-23a-111(5)(b)(ix) – Provided incorrect, misleading, incomplete, or materially untrue information in the license application;
31A-23a-111(5)(b)(xiv) – Convicted of a felony;
31A-23a-111(5)(b)(xxi) – Failed to comply with order imposing a child support obligation;
31A-23a-111(5)(b)(xxii) – Failed to timely pay state income tax; and
31A-23a-111(5)(b)(xxiii) – Convicted of a felony involving dishonesty in violation of 18 U.S.C. Section 1033 and therefore under 18 U.S.C. Section 1033 is prohibited from engaging in the business of insurance.
License Limitation: License denied
Noel G Thomas: E-Case #3956; Order effective November 29, 2017.
Violation: 31A-23a-104(2)(b)(vii) – Failing to provide information reasonably required by the commissioner by failing to respond to three separate inquiries from the commissioner by the due date.
License Limitation: License denied
Gahan Sharei Adams: E-Case #3862; Order effective February 23, 2017.
Violations: 31A-23a-111(5)(b)(ix) – Providing incorrect, misleading, incomplete, or materially untrue information in their license application by answering “No” to the question regarding any prior administrative action;
31A-23a-105(2)(b) – Failing to report an administrative action taken against you by the state of Ohio; and
31A-2-202(4) – Failing to reply to reasonable written inquiry from the Commissioner.
License Limitation: License denied
Justin Tyler Redewill: E-Case #3857; Order effective January 13, 2017.
Violations: 31A-23a-104(2)(b)(vii) and 31A-2-202(4) – Failure to submit a timely response to an inquiry from the Commissioner;
31A-23a-105(2) – Failure to report administrative actions taken against him in the state of California; and
31A-23a-111(5)(b)(ix) – Provided incorrect, misleading, incomplete, or materially untrue information on the license application.
License Limitation: License denied
Public Letter of Admonition
Bartlett Title Insurance Agency: I-Case #69904; dated December 12, 2017.
Violation: 31A-23a-103 – Allowed an unlicensed producer to conduct closings while license was lapsed.
Public Letter of Admonition
Express Title Insurance Agency: I-Case #69956; dated December 12, 2017.
Violations: 31A-23a-302 – Failed to designate producers to act on the agency’s behalf, and
R590-244-10 – Conducted closings without an active association or designation.
Public Letter of Admonition
Steven Scott Terry: I-Case #68998; dated November 9, 2017.
Violations: 31A-23a-402(1) – Made or caused to be made communication that was false or misleading; and
R590-206-4(9) and (10) – Obtained personally identifiable information and personally identifiable health information of consumers who were not his customers.
Public Letter of Admonition
Team Sorensen Insurance and Financial Services: I-Case #67026; dated October 4, 2017.
Violations: 31A-23a-402(1) and (8) – Made or caused to be made communication that was false or misleading, engaged in an unfair insurance practice;
R590-206 – Obtained personally identifiable information and personally identifiable health information about consumers which was then utilized within the agency; and
31A-23a-111(5)(b) – Was found to have committed an unfair trade practice, negligent supervision.
Public Letter of Admonition
Ivun E. Sorensen: I-Case #67026; dated October 5, 2017.
Violations: 31A-23a-402(1) and (8) – Made or caused to be made communication that was false or misleading, engaged in an unfair insurance practice;
R590-206 – Obtained personally identifiable information and personally identifiable health information about consumers which was then utilized by the producer; and
31A-23a-111(5)(b) –- Was found to have committed an unfair trade practice.
Public Letter of Admonition
Joshua Roberts: I-Case #67026; dated October 5, 2017.
Violations: 31A-23a-402(1) and (8) – Made or caused to be made communication that was false or misleading, engaged in an unfair insurance practice;
R590-206 – Obtained personally identifiable information and personally identifiable health information about consumers which was then utilized by the producer; and
31A-23a-111(5)(b) – Was found to have committed an unfair trade practice.
Public Letter of Admonition
Jax Hayes Pettey: I-Case #69228; dated June 12, 2017.
Violation: 31A-19a-209(3) and R590-225-10(5) – Failure to charge filed escrow rates.
Public Letter of Admonition
Orange Title Insurance Agency: I-Case #38900; dated June 5, 2017.
Violation: 31A-23a-103 – Conducting title-related business on an expired license.
Public Letter of Admonition
