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Utah Insurance

2007 Administrative Actions

Insurers

Settlement Agreement & Consent Order

None

Cease and Desist Order

Vessel Assurance Co-Op: E-Case #2044; Order effective 9-07-07.
Violations: 31A-1-104 and 31A-1-102, Doing the business of insurance when not authorized or licensed to do so.
Cease and Desist

Suspension

None

Probation

None

Revocation

None

Forfeitures

Opticare of Utah: E-Case #1985; Order effective 9-21-07.
Violation: 31A-21-201; Using forms not filed with the department or amending insurance plans and not filing the changes with the department
Forfeiture: $2,000

IDS Property Casualty Insurance Company: E-Case #2019; Order effective 10-22-07.
Violations: 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: $15,000 to be paid within 30 days.

Surrender

None


Individual & Agency Licensees

Cease and Desist Order

None

Revocations

Korte H. Wamsley Jr.: E-Case #2035; Order effective 10-11-07.
Violations: 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: Revoked

Cindy Gibbons: E-Case #1851; Order effective 10-05-07.
Violations: 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: Revoked

Cache Insurance Group, LLC: E-Case #2020; Order effective 10-05-07.
Violation: 31A-23a-111(5)(d), An agency is responsible for the acts of its agents.
License Limitation: Revoked

Tiffany Willer: E-Case #2029; Order effective 09-12-07.
Violations: 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: Revoked

Bradley Ryan Webb: E-Case #1983; Order effective 09-06-07.
Violations: 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: Revoked

Susan Yeatman: E-Case #1905; Order effective 8-13-07.
Violations: Utah Administrative Rule, R590-102-15(7) – Respondent failed to pay an administrative forfeiture and address correction fee; 31A-2-308 – Mrs. Yeatman failed to obey an order of the commissioner.
License Limitation: Revoked
Forfeiture: $135

Cristina Vorher: E-Case #1990; Order effective 8-13-07.
Violations: Utah Administrative Rule, 31A-2-202 (4) – Respondent failed to submit a timely response to an inquiry from the commissioner; 31A-2-308 – Mrs. Vorher failed to obey an order of the commissioner.
License Limitation: Revoked
Forfeiture: $250

Lender Services Direct Title Insurance Agency, LLC; E-Case #1999; 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: Revoked
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.

Suspension

MillCreek Land Title Insurance, Inc; E-Case #1834; Order effective 12-03-07
Violation: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: Suspension of agency license for a period of 10 days, ending on December 12, 2007.
Forfeiture: $5,000

Probation

None

Forfeitures

Jeffrey Lynn Bangerter; E-Case #2093; Order effective 12-11-07.
Violation: 31A-23a-105(2)(c)- Respondent failed to disclose an administrative action taken against him by another regulatory agency in this state.
Forfeiture: $250.00 to be paid within 30 days of the date of the Order.

Richard Niece; E-Case #2104; Order effective 12-11- 07.
Violation: 31A-23a-105(2) – Respondent failed to disclose an administrative action taken against him by another regulatory agency in this state;
Forfeiture: $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 12-7-07.
Violations: 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.
Forfeiture: $1,000

Marjorie Standifer, E-Case #1961; Order effective 8-13-07.
Violation: 31A-2-308; Failed to obey an order of the commissioner
License Limitation: Revoked. Cannot reapply for 5 years

David Thomason, E-Case #1962; Order effective 8-13-07.
Violation:31A-2-308; Failed to obey an order of the commissioner.
License Limitation: Revoked. Cannot reapply for 5 years.

David Joseph McGraw, E-Case #1957; Order effective 7-11-07.
Violation: 31A-2-308; Failed to obey an order of the commissioner
License Limitation: Revoked. Cannot reapply for 5 years

Great American Plan Administrators; E-Case #2069; Order effective 11-26-2007.
Violations: Respondent failed to disclose an administrative action in its renewal application. Respondent violated 31A-25-203(3) and 31A-2-202(6)
Forfeiture: $500

Integrated Title Insurance Services, LLC; E-Case #2023; Order effective 10-5-2007
Violation: R590-153-5.C- Respondent’s agent provided a credit against title and escrow fees.
Forfeiture: $1,000

Larry Mulcock; E-Case #2030; Informal Adjudicative Proceeding Order effective Aug. 1, 2007.
Violation: U.C.A. 31A-2-202(4), Mr. Mulcock failed to submit a timely response to an inquiry from the Commissioner.
Forfeitures: $250

USHealthcard, LLC AKA ( also known as) Qualified Health AKA Chamber Health and Meyer Gutnick; E-Case #1743; Order effective 5/9/2007.
Violations: 31A-4-102 and 31A-4-106, Respondents marketed a Limited Health Plan without having a Certificate of Authority; and 31A-8a-201, Respondents marketed a Health Discount program without a License. Cease marketing a Health Discount Program until receipt of a license.
Forfeiture: $95,0241.26

Donald William Burke; E-Case #1894; Order effective 5-2-2007.
Violations: 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 – Respondent failed to obey an order of the commissioner.
Forfeitures: $35 was to pay previous address correction fee; $100 was to pay for the previous forfeiture; $365 to pay current forfeiture.

Lyla J. Larson; E-Case #2036; Order effective 11-13-07.
Violation: 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: 12 month probation
Forfeiture(s): $250 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.

License Surrendered

Francis Wrage; E-Case #2074; Order effective 11-08-07.
Violations: 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: Surrendered in Lieu of Administrative Action. Cannot reapply for 5 years.

Danielle Tamarra Johnson; E-Case #2089; Order effective 11-10-07.
Violations: 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: Surrender in Lieu of Administrative Action. Cannot reapply for 5 years.

License Denied

None

Letters of Admonition

None