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Utah Insurance

2013 Administrative Actions

Insurers

Settlement Agreement & Consent Order

ING Life Insurance and Annuity Co.; ING USA Annuity and Life Ins. Co.; Midwestern United Life Ins. Co.; ReliaStar Life Ins. Co.; ReliaStar Life Ins. Co. of New York; Security Life of Denver Ins. Co.:
Docket No. 2013-122 AD; Order effective September 17, 2013.
The Department adopts and approves the Regulatory Settlement resulting from a Multi-State Market Examination of the Companies settlement practices, procedures and policies administration relating to claims, and the use of Social Security Death Master File or similar database or service, including the companies’ efforts to identify the owners and beneficiaries of unclaimed Proceeds.

New York Life insurance Company, New York Life insurance Company and Annuity Corporation and NYLIFE Insurance Company of Arizona:
Docket No. 2013-149 AD; Order effective December 5, 2013.
The Department adopts and approves the Regulatory Settlement resulting from a Multi-State Market Examination of the Companies settlement practices, procedures and policies administration relating to claims, and the use of Social Security Death Master File or similar database or service, including the companies’ efforts to identify the owners and beneficiaries of unclaimed Proceeds.

Life Insurance Company of North America, Connecticut General Life Insurance Company, and Cigna Health and Life insurance Company (fka Alta Health and Life insurance Company):
Docket No. 2013-078 AD; Order effective June 21, 2013.
The Department adopts and approves the multi-state Regulatory Settlement Agreement and Consent Order from a Targeted Market Conduct Examination of the respondent’s Disability Income Handling Practices.

Transamerica Life Insurance Company, Transamerica Advisors Life Insurance Company, Transamerica Advisors Life Insurance Company of New York, Transamerica Financial Life Insurance Company, Monumental Life Insurance Company, Stonebridge Life Insurance Company, Western Reserve Life Assurance Company of Ohio, and each of its predecessors, successors, and assigns and subsidiaries:
Docket No. 2013-127 AD; Order effective September 28, 2013.
The Department adopts and approves the Regulatory Settlement resulting from a Multi-State Market Examination of the Companies settlement practices, procedures and policies administration relating to claims, and the use of Social Security Death Master File or similar database or service, including the companies’ efforts to identify the owners and beneficiaries of unclaimed Proceeds.

TIAA-CREF Insurance Company:
Docket No. 2013-102 AD; Order effective July 22, 2013.
The Department adopts and approves the multi-state Regulatory Settlement Agreement and Consent Order from a Targeted Market Conduct Examination of respondents settlement practices, procedures and policy administration relating to claims, and the use of Social Security Death Master File.

Humana Insurance Company:
Docket No. 2013-155 AD; Order effective December 31, 2013.
The Department adopts and approves the multi-state Regulatory Settlement Agreement from a Targeted Market Conduct Examination of companies’ regarding their small group insurance sales practices in certain states.

Cease and Desist Order

Gold Standard Automotive Network, Inc.: E-Case #3387; Order effective October 17, 2013.
Violation: 31A-6a-103 – A person may not perform, offer to perform, or advertise any services as a producer without an agency license.
License Limitation: Cease and Desist

Sensible Home Warranty LLC: E-Case #3353; Order effective July 31, 2013.
Emergency proceedings Utah Code Annotated 63G-4-502, Cease and Desist.
Violations: 31A-4-102 – (1) A person may not conduct an insurance business in Utah in person, through an agent, through a broker, through the mail, or through another method of communication, except:
(a) an insurer: (i) authorized to do business in Utah under Chapter 5, 7, 8, 9, 10, 11, 13, or 14; and (ii) within the limits of its certificate of authority;
(b) a joint underwriting group under Section 31A-2-214 or 31A-20-102;
(c) an insurer doing business under Section 31A-15-103.
The respondent acted as an unauthorized insurer in advertising, soliciting, making or proposing to make unauthorized home warranty contracts in the State of Utah;
31A-2-202 – Respondent failed to respond to inquiries of the Commissioner.
Respondent shall immediately cease and desist doing any and all insurance or home warranty business in the State of Utah.
License Limitation: Cease and Desist Order

Suspension

Liberty First Risk Retention Group Insurance Company: E-Case #3357; Order effective August 6, 2013.
Violations: 31A-16-106(2) – In paying an extraordinary dividend.
31A-2-202(6) & 31A-402(1) – Failure to account for extraordinary dividend and concealing existence of dividend.
R590-254-4-– Failing to file audited financial statement when due.
License Limitation: COA suspended

PMI Mortgage Insurance Company: E-Case #3071; Order effective July 31, 2013.
Violations: 31A-14-217 – Whenever there would be grounds for delinquency proceedings under Chapter 27a, if a foreign
insurer were a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA suspended

Vesta Insurance Corporation: E-Case #3289; Order effective April 30, 2013.
Violation: 31A-14-205 – Respondent is in rehabilitation in its state of domicile.
License Limitation: COA suspended

Probation

None

Revocation

ICM Insurance Company: E-Case #3335; Order effective July 3, 2013.
Violations: 31A-14-217 – Whenever there would be grounds for delinquency proceedings under Chapter 27a, if a foreign insurer were a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

American Golden Insurance Company: E-Case #3328; Order effective June 18, 2013.
Violations: 31A-37-204 – Failed to maintain capital and surplus of at least $250,000.
31A-37-202-(6) – Failure to pay the annual certification of authority renewal fee.
31A-37-505(1) – insolvency or impairment of capital and surplus.
31A-37-505(1) – Failure otherwise to comply with laws of this state.
License Limitation: COA revoked

Greencrest Insurance Company: E-Case #3313; Order effective May 7, 2013.
Violations: 31A-37-505(1) – Insolvency or impairment of capitol or free surplus:
failure to meet paid-in-capital or free surplus; failure to submit an annual report; failure to comply with its charter, by-laws, or other organizational document; failure to submit to an examination or legal obligation relative to an examination; use of methods that render the operation of the company detrimental to the public or the policyholders, or render the condition of the company unsound with the respect to the public or the policyholders; and failure to otherwise comply with the laws of the state.
License Limitation: COA revoked

Tiger Insurance Company: E-Case #3314; Order effective May 7, 2013.
Violations: 31A-37-505(1) – Insolvency or impairment of capitol or free surplus:
failure to meet paid-in-capital or free surplus; failure to submit an annual report; failure to comply with its charter, by-laws, or other organizational document; failure to submit to an examination or legal obligation relative to an examination; use of methods that render the operation of the company detrimental to the public or the policyholders, or render the condition of the company unsound with the respect to the public or the policyholders; and failure to otherwise comply with the laws of the state.
License Limitation: COA revoked

London Pacific Life & Annuity Company: E-Case #3280; Order effective April 10, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Fremont Indemnity Company: E-Case #3281; Order effective April 10, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Casualty Reciprocal Exchange: E-Case #3282; Order effective April 10, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Ullico Casualty Company: E-Case #3271; Order effective March 27, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Santa Fe Auto Insurance Company: E-Case #3272; Order effective March 27, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

American Manufactures Mutual Insurance Company: E-Case #3273; Order effective March 27, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

American Motorist Insurance Company: E-Case #3274; Order effective March 28, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Lumbermens Mutual Casualty Company: E-Case #3275; Order effective March 27, 2013.
Violations: 31A-14-217 -When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Triad Guaranty Insurance Corp: E-Case #3276; Order effective March 28, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Universal Health Care Insurance Company: E-Case #3279; Order effective March 27, 2013.
Violations: 31A-14-217 – When there are grounds for delinquency proceedings under Chapter 27a, if a foreign insurer is a domestic insurer, the commissioner may revoke the insurer’s license.
License Limitation: COA revoked

Hilda America Mijares: E-Case #3254; Order effective February 26, 2013.
Violations:31A-23a-111(5)(b)(i) is unqualified for a license; 31A-23a-111(5)(b)(xii),improperly withholds, misappropriates or converts money received in the course of doing insurance business; 31A-23a-111(5)(b)(xv), admits or is found to have committed an insurance unfair trade practice or fraud; 31A-23a-111(5)(b)(xvi), in the conduct of business uses fraudulent or dishonest practices or demonstrated untrustworthiness, or financial irresponsibility, 111(5)(b)(xviii), forges another’s name to an application for insurance or a document related to an insurance transaction; and 31A-23a-111(5)(b)(xxiv), engages in a method or practice in the conduct of business that endangers the legitimate interests of customers and the public.
License Limitation: License revoked

Gramercy Insurance Company: E-Case #3262; Order effective February 11, 2013.
Violations: 31A-14-217 – Grounds exist for delinquency under Chapter 27a of the Utah Insurance Code if Respondent were a domestic insurer.
License Limitation: COA revoked

Forfeitures

GPI Insurance Company, Inc.: E-Case #3427; Order effective December 17, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
Forfeiture: $1,500

Sterling Investors Life Insurance Company: E-Case #3329; Order effective June 20, 2013.
Violation: R590-146-22 – Failure to electronically file its Annual Filing of Premium Rates on or before May 31, 2013.
Forfeiture: $1,500

Unicare Life & Health Insurance Company: E-Case #3330; Order effective June 20, 2013.
Violation: R590-146-22 – Failure to electronically file its Annual Filing of Premium Rates on or before May 31, 2013.
Forfeiture: $1,500

American Family Life Assurance Company of Columbus: E-Case #3343; Order effective July 10, 2013.
Violations: R 590-146-14(C) – Failed to electronically file its Annual Filing of Premium Rates on or before May 31, 2013
R590-146-14(B) – Failed to electronically file its Refund Calculation and Benchmark Ratio on or before May 31, 2013.
R590-146-22 – Failed to electronically file its Report of Multiple Policies on or before May 31, 2013
Forfeiture: $1,500

American Family Life Assurance Company of Columbus: E-Case #3363; Order effective August 28, 2013.
Violations: R590-148-25 – Respondent failed to electronically file its Long Term Care Report on or before June 30, 2013.
Forfeiture: $1,500

Connecticut General Life Insurance Company: E-Case #3364; Order effective August 28, 2013.
Violations: R590-148-25 – Respondent failed to electronically file its Long Term Care Report on or before June 30, 2013.
Forfeiture: $1,500

Aetna Life Insurance Company: E-Case #3362; Order effective August 28, 2013.
Violations: R590-148-25 – Respondent failed to electronically file its Long Term Care Report on or before June 30, 2013.
Forfeiture: $1,500

American General Assurance Co.: E-Case #3325; Order effective July 19, 2013.
Violation: 31A-28-119 – Employed a third party administrator that sent outdated, incorrect and incomplete Life & Health Guaranty Association Notices to Utah certificate holders.
Forfeiture: $10,000

Family Life Insurance Company: E-Case #3349; Order effective July 18, 2013.
Violations: R 590-146-14(C) – Failed to electronically file Annual Filing of Premium Rates on or before May 31, 2013.
R590-146-14(B) – Failed to electronically file Refund Calculation and Benchmark Ratio on or before May 31, 2013.
R590-146-22 – Failed to electronically file Report of Multiple Policies on or before May 31, 2013.
Forfeiture: $1,500

Monumental Life Insurance Company: E-Case #3345; Order effective July 18, 2013.
Violations: R 590-146-14(C) – Failed to electronically file Annual Filing of Premium Rates on or before May 31, 2013.
R590-146-14(B) – Failed to electronically file its Refund Calculation and Benchmark Ratio on or before May 31, 2013.
R590-146-22 – Failed to electronically file its Report of Multiple Policies on or before May 31, 2013.
Forfeiture: $1,500

Transamerica Life Insurance Company: E-Case #3348; Order effective July 18, 2013.
Violations: R 590-146-14(C) – Failed to electronically file Annual Filing of Premium Rates on or before May 31, 2013.
R590-146-14(B) – Failed to electronically file Refund Calculation and Benchmark Ratio on or before May 31, 2013.
R590-146-22 – Failed to electronically file its Report of Multiple Policies on or before May 31, 2013.
Forfeiture: $1,500

Globe Life and Accident Insurance Company: E-Case #3260; Order effective February 26, 2013.
Violation: R590-126-5(10)(a) – Respondent filed an Accidental Death Benefit Rider, which stated proof of loss to be presented within 90 days instead of 180 days.
Forfeiture: $10,000

Trustmark Life Insurance Company: E-Case #3263; Order effective February 19, 2013.
Violation: 31A-29 -117 – In failing to timely file its small employer index premium rate and average percentage change in the index premium rates by February 1, 2013.
Forfeiture: $750

Physicians Life Insurance Company: E-Case #3243; Order effective: February 7, 2013.
Violations: 31A-22-409(8) and (10) – Language in the contract referring to the cash surrender benefits available before maturity and the cash surrender benefits available at maturity did not comply with the provisions of the Utah Standard Nonforfeiture Law for Individual Deferred Annuities.
Remediation– Respondent will pay a total of $208,202.30 to 127 surrendered contract holders, which represents the deficit in their cash surrender value when they surrendered their annuities. Respondent will increase the cash surrender value of 155 active contracts by $910,252.68.
Forfeiture: $2,500

Guideone Mutual Insurance Company: E-Case #3233; Order effective February 7, 2013.
Violation: 31A-4-102 – Respondent violated the statutory provision by writing workers’ compensation insurance in Utah without authority to do so.
Forfeiture: $32,500

Old American Insurance Company: E-Case #3240; Order effective: February 11, 2013
Violations: 31A-23a-402(1)(a)(i) and R590-130-12(C)(D) – Using advertising that would cause a Utah consumer to reasonably believe that the insurance product was state approved and from a governmental agency.
Forfeiture: $45,000

Surrender

Southern General Insurance Company: E-Case #3385; Order effective October 24, 2013.
Violation: 31A-14-216 – Respondent has met all requirements for release from regulation.
Limitations: COA surrendered

Educators Health Plans Health, Inc.: E-Case #3341; Order effective July 18, 2013.
Violations: 31A-5-504 – Has met all requirements for dissolution pursuant to Utah Code, and an Order of Release From Regulation is therefore issued.
Limitations: COA surrendered

Educators Health Care: E-Case #3340; Order effective July 18, 2013.
Violations: 31A-5-504 – Has met all requirements for dissolution pursuant to Utah Code, and an Order of Release From Regulation is therefore issued.
Limitations: COA surrendered

Asurion Roadside Assistance Services, LLC: E-Case #3290; Order effective April 30, 2013.
Violation: 31A-14-216 – Respondent has met all requirements for Release from regulation.
Limitations: COA surrendered

Lincoln General Insurance Company: E-Case #3288; Order effective April 30, 2013.
Violation: 31A-14-205 – Respondent is in rehabilitation in its state of domicile.
Limitations: COA suspended

Individual & Agency Licensees

Cease and Desist Order

None

Revocations

Michael Paul Ippolito: E-Case #3286; Order effective April 23, 2013.
Violations: 31A-2-202(4) – Failed to submit a timely response to an inquiry of the commissioner.
License Limitation: Revoked

Diane M. Byas: E-Case #3278; Order effective August 28, 2013.
Violation: 31A-2-202(4) – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Revoked

Kartchner, Matthew G.: E-Case #3312; Order effective June 20, 2013.
Violations: 31A-23a-107 – Respondent does not meet the character requirements;
31A-23a-111 – Convicted of a felony.
License Limitation: Revoked

Eastwood Title Insurance Agency, Inc.: E-Case #3219; Default and Default Order dated June 15, 2013. Respondent failed to appear either in person or through counsel. Default revocation is entered.
Violations: 31A-2-308(2) Respondent failed to comply with an order of the commissioner. Respondent was ordered to pay a forfeiture of $3,750, file all reports not previously filed, pay any assessment not paid, and update the business and mailing addresses for the agency. Respondent failed to comply and an Order to Show Cause hearing was commenced. Respondent failed to appear either in person or through counsel.
31A-2-202 – Failure to respond to an inquiry of the commissioner.
31A-23a-412 – Failure to updated business records within 30 days.
31A-23a-413 – Failure to file the Annual and Controlled Business reports by April 30.
31A-23a-415 – Failure to pay an assessment when due.
Forfeiture: $3,750
License Limitation: Revoked. Respondent is ordered to immediately cease doing any insurance or escrow business in the State of Utah.

Jorge Moreno: E-Case #3222; Order effective June 18, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Revoked

Alexander Bruce Petereit: E-Case #3212; Order effective June 18, 2013.
Violation: 31A-23a-105(2) Failure to report a criminal prosecution when applying for a resident producer license.
License Limitation: License Surrendered in lieu of administration action

Jason T. Sjol: E-Case #3310; Order effective June 18, 2013.
Violation: 63G-4-209 – Failing to appear at a scheduled hearing held for failing to respond to other requests by the Department.
License Limitation: Revoked

Arielle Corrigan: E-Case #3031; Order effective May 7, 2013.
Violation: 63G-4-209 – Failed to attend or participate in a properly scheduled hearing after receiving proper notice.
License Limitation: Revoked

Wilfredo G Tabisaura: E-Case #3242; Order effective April 10, 2013.
Violations: 31A-23a-107(2) – Respondent actions show he does not meet character requirements to hold an insurance producer’s license.
31A-23a-111(5)(b)(xiv) – Convicted of a felony.
License Limitation: Revoked

Rachelle Williams: E-Case #3265; Order effective April 2, 2013.
Violation: 31A-2-201 – Respondent failed to respond to the Department of Insurance in regards to a criminal action taken against her.
License Limitation: Revoked

Pavel Shchetinin: E-Case #3238; Order effective April 2, 2013.
Violation: 63G-4-209 – Failing to appear at a scheduled hearing held for failing to respond to other requests by the Department.
License Limitation: Revoked

Mitchell Kevin Kelling & Kelling Insurance Agency: E-Case #3261; Order effective March 6, 2013.
Violations: 31A-23a-111(5)(b)(i) – Respondent is unqualified for a license;
31A-23a-111(5)(b)(xii) – improperly withholds, misappropriates, or converts money or properties received in the course of doing insurance business
31A-23a -111(5)(b)(xiv) – was convicted of a felony;
31A-23a -111(5)(b)(xv) – was found to have committed insurance fraud;
31A-23a-111(5)(b)(xvi) – used fraudulent or dishonest practices or demonstrated untrustworthiness or financial irresponsibility in the conduct of business in this state; and
31A-23a-111(5)(b)(xxiv) – engaged in methods or practices that endangered the legitimate interests of his customers or the public in conducting business.
License Limitation: The Insurance License of Mitchell K. Kelling is revoked and the Agency License of Kelling Insurance Agency is revoked.

David C. Johnson: E-Case #3168; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Revoked

David Eugene Fayard: E-Case #3146; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Revoked

Karen Bullard: E-Case #3200; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Revoked

Heather Parks: E-Case #3198; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Revoked

Shalonda Little: E-Case #3201; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Revoked

Hilda America Mijares: E-Case #3254; Order effective February 26, 2013.
Violations: 31A-23a-111(5)(b)(i) – is unqualified for a license; 31A-23a-111(5)(b)(xii), improperly withholds, misappropriates or converts money received in the course of doing insurance business; 31A-23a-111(5)(b)(xv), admits or is found to have committed an insurance unfair trade practice or fraud; 31A-23a-111(5)(b)(xvi), in the conduct of business uses fraudulent or dishonest practices or demonstrated untrustworthiness, or financial irresponsibility, 31A-23a-111(5)(b)(xviii), forges another’s name to an application for insurance or a document related to an insurance transaction; and 31A-23a-111(5)(b)(xxiv), engages in a method or practice in the conduct of business that endangers the legitimate interests of customers and the public.
License Limitation: License revoked

Suspension

None

Probation

Ginny L. Wanlass: E-Case #3311; Order effective July 11, 2013.
Violations: 31A-23a-111(5)(b)(iv) – Failure to pay final judgment.
31A-23a-111(5)(b)(xxii) – Failure to pay state income tax, or comply with an administrative or court order directing payment of state income tax.
License Limitation: 18 Month Probation – Subject to Applicant fully complying with payment agreement with Utah State Tax Commission and resolution of the outstanding small claims judgment.

Bret E. Harding and Utah Insurance Solutions: E-Case #3370; Order effective November 4, 2013.
Violations: 31A-23a-402, R590-130, R590-154 – Respondents violated statute and rules related to unfair marketing practices and advertisements of insurance.
Forfeiture: $3,750
License Limitation: 24 month probation, 3 additional hours of continuing education.

Rodney K. Bingham: E-Case #3277; Order effective: April 30, 2013.
Violations: 31A-23a-402 – Respondent provided false or misleading communication and
made a false entry on an insurance application submitted to an Insurer with intent to deceive.
31A-31-103(1)(a) – Respondent made a written statement to an Insurer that he knew to be false with intent to deceive.
Forfeiture: $2,000
License Limitations: 24 Month Probation

Steven Michael Albrecht: E-Case #3199; Order effective July 10, 2013
Violations: 31A-23a-402(1)(a)(i), – Respondent violated Utah Code Annotated by issuing an invalid bond; providing false evidence of insurance.
31A-23a-409 – By failing to forward premiums received to the appropriate payee, respondent
Violated Utah Code Annotated.
License Limitation: 24 months’ probation
Forfeiture: $1,000

Erzinger, Martin J.: E-Case #3285; Order effective April 30, 2013.
Violation: 31A-23a-103. Respondent solicited insurance business without a nonresident license.
Forfeiture: $750
License Limitation: 12 month probation

IHC Health Solutions, Inc.: E-Case #3321; Order effective July 29, 2013.
Violation: 31A-23a-103 – Requirements of license; Respondent conducted business without being properly licensed.
Forfeiture: $3,000
License Limitation: 12 month Probation

Thomas A. Wood: E-Case #3369; Order effective: November 4, 2013.
Violations: 31A-22-409 – Respondent delivered insurance contracts in the State of Utah that did not meet Utah’s Standard Non-Forfeiture Law for individual annuities.
31A-21-201(1) – Using, selling or offering for sale insurance contracts not filed in the State of Utah.
31A-23a-402(1)(a)(i) – Providing false or misleading information in applications for insurance contracts.
Forfeiture: $4,000
License Limitations: 24 Month Probation

Kent Squire Rollins: E-Case #3383; Order effective November 12, 2013.
Violations: 31A-23a-10 – Character requirements.
31A-23a-402 – Unfair marketing practices.
R590-154.1 – Marketing practices rule.
Forfeiture: $1,500
License Limitation: 24 month probation and one hour of continuing education every six months during this period. The continuing education shall be directly related to ethics. These four hours shall be separate and apart from the 24 continuing education hours (and 3 ethics hours) that are required to maintain a producer license.

Interstate Specialty Marketing, Inc.: E-Case #3145; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
Forfeiture: $1,250
License Limitation: Probation 12 months

Dick Speechly Insurance Agency, Inc.: E-Case #3300; Order Effective: June 4-2013.
Violations: 31A-23a-409, R590-170-4 – Failed to establish and maintain a trust account and commingling trust monies with personal and business monies.
31A-23a-115(1)(b)& R590-244-9, – Did not maintaining current agency appointments.
Forfeiture: $5,000
License Limitation: 12 month probation

Martin J. Erzinger: E-Case #3285; Order effective April 30, 2013.
Violation: 31A-23a-103. Respondent solicited insurance business without a nonresident license.
Forfeiture: $1000
License Limitation: 12 month probation

Uintah Basin Bail Bonds / Reed, Jack Lynn: E-Case #3259; Order effective May 10, 2013.
Violations: 31A-23a-409 and 31A-35-603(2) – Failed to establish and maintain a trust account; commingled collateral trust funds with personal funds; converted trust monies for personal use; and failed to properly secure collateral monies in the bail bond producer’s fiduciary capacity.
R590-170-5 – Failed to retain all collateral funds in a trust account, and commingled trust monies with business monies.
R590-196-6 – Failed to use the disclosure form on file with the Department.
Forfeiture: $2,500
License Limitation: 24 month probation

Rodney K. Bingham: E-Case #3277; Order effective: April 30, 2013
Violations: 31A-23a-402 – Respondent provided false or misleading communication and made a false entry on an insurance application submitted to an Insurer with intent to deceive.
31A-31-103(1)(a) – Respondent made a written statement to an Insurer that he knew to be false with intent to deceive.
Forfeiture: $2,000
License Limitation: 24 Month Probation

Sun Surety Bail Bonds: E-Case #3255; Order effective February 26, 2013.
Violations: 31A-35-602(2), 604 and 607 – Failed to keep and maintain its business records required to be at its place of business. R590-196-6 Failed to use the disclosure form on file with the Department.
Forfeiture: $1,500
Probation: 12 months

Absolute Title Insurance Agency: E-Case #3115; Order effective January 14, 2013.
Violations: 31A-19a-209 – Charging unauthorized escrow fees not filed with the Department.
31A-23a-406(3)(b), 406(4)(b), 31A-23a-409(1)(d)(ii) – Fiduciary Violations.
31A-23A-402(1)(a)(i) – False and misleading information on a HUD-1 Settlement Statement; filing a false Annual Report to the Commissioner; creating a fraudulent Warranty Deed; causing it to be recorded; creating false title commitments with the intent that lenders rely on them.
31A-23a-107(2) – Failure to meet the character requirements.
Forfeiture: $5,000
License Limitation: 24 month probation

Mathew S. Lloyd: E-Case #3115; Order effective January 14, 2013.
Violations: 31A-19a-209 – Charging unauthorized escrow fees not filed with the Department
31A-23a-406(3)(b), 406(4)(b), 31A-23a-409(1)(d)(ii) – Fiduciary Violations.
31A-23A-402(1)(a)(i) – False and misleadinginformation on a HUD-1 Settlement Statement, filing a false Annual Report to the Commissioner.
31A-23a-107(2) – Failure to meet the character requirements.
Forfeiture: $5,000
License Limitation: 24 month probation

Forfeitures

Pioneer Title Insurance Agency, LC: E-Case #3410; Order effective November 26, 2013.
Violations: 31A-23a-413 – Failure to timely file the Annual and Controlled Business reports for 2012 due April 30, 2013.
Forfeiture: $1,000

Cedar Land Title, Inc.: E-Case #3406; Order effective November 26, 2013.
Violation: 31A-23a-413: – Failure to timely file the Annual and Controlled Business reports for 2012 due April 30, 2013.
Forfeiture: $1,000

1st National Title Insurance: E-Case #3408; Order effective November 26, 2013.
Violations: 31A-23a-413 – Failure to timely file the Annual and Controlled Business reports for 2012 due April 30, 2013 and 2011 due April 30, 2012; 31A-23a-415 – Failure to pay the annual title assessment for calendar years 2012 and 2013; and 31A-2-308 – Failure to respond to an inquiry of the commissioner.
Forfeiture: $6,500

Community Title: E-Case #3356; Order effective August 22, 2013.
Violations: 31A-23a-413 – Failure to timely file the Annual and Controlled Business Reports for 2012 due April 30, 2013.
31A-23a-414 – Failure to pay the annual title assessment due November 30, 2012.
Forfeiture: $1,750

Robert L. Harrington: E-Case #3356; Order effective August 22, 2013
Violations:31A-2-308: Failure to respond to an inquiry of the commissioner.
Forfeiture: $500

Bret E. Harding and Utah Insurance Solutions: E-Case #3370; Order effective November 4, 2013.
Violations: 31A-23a-402, R590-130, R590-154 – Respondents violated statute and rules related to unfair marketing practices and advertisements of insurance.
Forfeiture: $3,750
License Limitation: 24 month probation, 3 additional hours of continuing education.

Michael Paul Ippolito: E-Case #3286; Order effective April 23, 2013.
Violations:31A-2-202(4) – Failed to submit a timely response to an inquiry of the commissioner.
Forfeiture: $500
Requirement: Provide a substantive response to the Commissioner’s inquiry within 10 days after the date the order becomes final.

Full Spectrum Insurance Agency: E-Case #3347; Order effective November 05, 2013.
Violations: 31A-23a-103 – Requirement of License. Agency license lapsed and the business of insurance was still being conducted. 31A-23a-408 – Representations of agency. When agency license lapsed, agency affiliations and appointments lapsed also. 31A-23a-302 – Agency Designations. All individual associations were terminated when agency license lapsed.
Forfeiture: $1,500

Rodney K. Bingham: E-Case #3277; Order effective: April 30, 2013.
Violations: 31A-23a-402 – Respondent provided false or misleading communication and made a false entry on an insurance application submitted to an Insurer with intent to deceive.
31A-31-103(1)(a) – Respondent made a written statement to an Insurer that he knew to be false with intent to deceive.
License Limitations: 24 Month Probation
Forfeiture: $2,000

Meri E. Egan: E-Case #3270; Order effective March 27, 2013.
Violation: 31A-23a-103 – Respondent conducted business without being properly licensed.
Forfeiture: $1,500

Freedom National Insurance Services Inc.: E-Case #3359; Order effective September 24, 2013
Violations: R590-154-7; Sale, Solicitation, or Negotiation of Insurance. Respondent utilized an unapproved name to conduct Insurance business. Respondent failed to file escrow rates. Respondent conducted title escrow services while unlicensed/un-associated producer.
31A-23a-302(1) – Acted as a bail bond producer without being appointed.
Forfeiture: $4,500

Steven Michael Albrecht: E-Case #3199; Order effective July 10, 2013
Violations: 31A-23a-402(1)(a)(i), – Respondent violated Utah Code Annotated by issuing an invalid bond; providing false evidence of insurance.
31A-23a-409 – By failing to forward premiums received to the appropriate payee, respondent Violated Utah Code Annotated.
License Limitation: 24 months probation
Forfeiture: $1,000

Garner D. Jensen Insurance Group: E-Case #3199; Order effective July 10, 2013.
Violation: 31A-23a-302(7) – Respondent is responsible for the acts of Respondent Albrecht acting as its agent.
Forfeiture: $2,000

Andrew Laszlo Pjeter; E-Case #3368; Order effective December 2, 2013.
Violations: U.C.A. 31A-21-104 – Proposing a transaction in which the intended eventual owner and beneficiary did not have an insurable interest in the life of the insured.
U.C.A. 31A-23a-402.5 – Inducing a person to enter into or continue a policy by offering a benefit not specified in the insurance contract.
U.C.A. 31A-23a-402(I)(a)(I) – Providing false or misleading information.
Forfeiture: $120,919.50

IHC Health Solutions, Inc.: E-Case #3321; Order effective July 29, 2013.
Violation: 31A-23a-103 – Requirements of license; Respondent conducted business without being properly licensed.
License Limitation: 12 month Probation
Forfeiture: $3,000

Thomas A. Wood: E-Case #3369; Order effective: November 4, 2013.
Violations: 31A-22-409 – Respondent delivered insurance contracts in the State of Utah that did not meet Utah’s Standard Non-Forfeiture Law for individual annuities.
31A-21-201(1) – Using, selling or offering for sale insurance contracts not filed in the State of Utah.
31A-23a-402(1)(a)(i) – Providing false or misleading information in applications for insurance contracts.
License Limitations: 24 Month Probation
Forfeiture: $4,000

Artisan Title Insurance Agency, Inc.: E-Case #3386; Order effective October 22, 2013.
Violations: 31A-23a-413: – Failure to timely file the Annual and Controlled Business reports for 2012 due April 30, 2013.
Forfeiture: $1,500

Kent Squire Rollins: E-Case #3383; Order effective November 12, 2013.
Violations: 31A-23a-10 – Character requirements.
31A-23a-402 – Unfair marketing practices.
R590-154.1 – Marketing practices rule.
License Limitations: 24 month probation and one hour of continuing education every six months during this period. The continuing education shall be directly related to ethics. These four hours shall be separate and apart from the 24 continuing education hours (and 3 ethics hours) that are required to maintain a producer license.
Forfeiture: $1,500

Wyatt, Josette M.: E-Case #3324; Order effective October 28, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
Forfeiture: $250

Right Answer Insurance Agency, LLC: E-Case #3374; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
Forfeiture: $250

Steven Robert Peterson: E-Case #3292; Order effective June 4, 2013.
Violations: 31A-23a-103 – Requirements of license; Respondent conducted property & casualty business without being properly licensed.
Forfeiture: $500

Bart Brimley/Truepointe Insurance: E-Case #3234; Order effective July 30, 2013.
Violation: 31A-23a-103 – A person may not perform, offer to perform, or advertise any services as a producer without an agency license.
Forfeiture: $1,000

Berkshire Creek Insurance: E-Case #3350; Order effective Aug. 13, 2013.
Violation: 31A-37-302 – Failed to receive prior written approval from the Commissioner for two separate loans.
Forfeiture: $6,000

Millenium Auto Network: E-Case #3248; Order effective March 6, 2013.
Violation: 31A-6b-201 – A person may not sell, offer to sell, or otherwise provide a guaranteed asset protection waiver to a borrower in this state unless licensed.
Forfeiture: $3,000

Alliance Group, Inc.: E-Case #3319; Order effective July, 10 2013.
Violation: 31A-23a-103 – A person may not utilize the services of another as a producer if that person is not licensed.
Forfeiture: $1,000

James Arbon: E-Case #3249; Order effective March 6, 2013.
Violation: 31A-6b-201 – A person may not sell, offer to sell, or otherwise provide a guaranteed asset protection waiver to a borrower in this state unless licensed.
Forfeiture: $2,000

Mark L. Peterson: E-Case #3291; Order effective June 4, 2013.
Violations: 31A-23a-103 – Requirements of license. 31A-23a-302 – Agency
Designations. Respondent allowed an unassociated producer with lapsed license to conduct escrow services on behalf of agency.
Forfeitures: $1,000

Advanced Title Insurance Agency, LC: E-Case #3316; Order effective June 4, 2013.
Violations: 31A-23a-103 – Requirements of license. 31A-23a-302 – Agency Designations. Respondent allowed unassociated producer with lapsed license to conduct escrow services on behalf of agency.
Forfeiture: $1,500

Laren L. Nalder: E-Case #3315; Order effective June 4, 2013.
Violations: 31A-23a-103 – Requirements of license. Respondent failed to renew individual license and conducted title and escrow services during the time license lapsed.
Forfeitures: $1,500

1st Liberty Title: E-Case #3323; Order effective July 8, 2013.
Violations: 31A-23a-103 – Requirements of license. 31A-23a-302 – Agency Designations. Respondent allowed an unassociated producer with lapsed license to conduct escrow services on behalf of agency.
Forfeitures: $2,500.

Jax Hale Pettey: E-Case #3322; Order effective July 8, 2013.
Violations: 31A-23a-103 – Requirements of license. Respondent failed to renew individual license and conducted title and escrow services with a lapsed license.
Forfeitures: $1,500

Eastwood Title Insurance Agency, Inc.: E-Case #3219; Default and Default Order dated June 15, 2013. Respondent failed to appear either in person or through counsel. Default revocation is entered.
Violations: 31A-2-308(2) Respondent failed to comply with an order of the commissioner. Respondent was order to pay a forfeiture of $3,750, file all reports not previously filed, pay any assessment not paid, and update the business and mailing addresses for the agency. Respondent failed to comply and an Order to Show Cause hearing was commenced. Respondent failed to appear either in person or through counsel.
31A-2-202 – Failure to respond to an inquiry of the commissioner.
31A-23a-412 – Failure to updated business records within 30 days.
31A-23a-413 – Failure to file the Annual and Controlled Business reports by April 30.
31A-23a-415 – Failure to pay an assessment when due.
License Limitations: License revoked. Respondent is ordered to immediately cease doing any insurance or escrow business in the State of Utah.
Forfeiture: $3,750

Interstate Specialty Marketing, Inc.: E-Case #3145; Order effective March 13, 2013.
Violation: 31A-2-202 – Failed to submit a timely response to an inquiry from the Commissioner.
License Limitation: Probation 12 months
Forfeiture: $1,250

Dick Speechly Insurance Agency, Inc.: E-Case #3300; Order Effective: June 4, 2013.
Violations: 31A-23a-409, R590-170-4 – Failed to establish and maintain a trust account and commingling trust monies with personal and business monies.
31A-23a-115(1)(b)& R590-244-9, – Did not maintaining current agency appointments
License Limitation: 12 month probation
Forfeiture: $5,000

Martin J. Erzinger: E-Case #3285; Order effective April 30, 2013.
Violation: 31A-23a-103. Respondent solicited insurance business without a nonresident license.
Forfeiture: $1,000
Limitations: 12 month probation

Uintah Basin Bail Bonds / Reed, Jack Lynn: E-Case #3259; Order effective May 10, 2013.
Violations: 31A-23a-409 and 31A-35-603(2) – Failed to establish and maintain a trust account; commingled collateral trust funds with personal funds; converted trust monies for personal use; and failed to properly secure collateral monies in the bail bond producer’s fiduciary capacity.
R590-170-5 – Failed to retain all collateral funds in a trust account, and commingled trust monies with business monies.
R590-196-6 – Failed to use the disclosure form on file with the Department.
License Limitation: 24 month probation
Forfeiture: $2,500

Rodney K. Bingham: E-Case #3277; Order effective: April 30, 2013
Violations: 31A-23a-402 – Respondent provided false or misleading communication and made a false entry on an insurance application submitted to an Insurer with intent to deceive.
31A-31-103(1)(a) – Respondent made a written statement to an Insurer that he knew to be false with intent to deceive.
License Limitation: 24 Month Probation
Forfeiture: $2,000

Lee Ann Hollister: E-Case #3256; Order effective January 10, 2013.
Violation: 31A-2-202(4) – Failed to submit a timely response to an inquiry from the Commissioner.
Forfeiture: $500

Eagle Gate Title Insurance Agency, Inc.: E-Case #3268; Order effective April 1, 2013.
Violation: 31A-19a-209 – Special provisions for title insurance. Respondent failed to file escrow rates and conducted title and escrow business.
Forfeiture: $1,000

Wasatch Title Insurance Agency: E-Case #3267; Order effective March 27, 2013.
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: $4,500

Premium Settlements of Utah, LLC: E-Case #3220; Order effective February 19, 2013.
Violations: 31A-23a-413: – Failure to file an Annual and Controlled Business reports timely; 31A-23a-415: – Failure to pay an assessment timely.
Forfeiture: $1,750
Compliance requirement: File past due reports and pay outstanding assessments within 10 days of the effective date of the order.

Artisan Title Insurance Agency, Inc.: E-Case #3257; Order effective February 26, 2013.
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: $1,500

Affiliated First Title Insurance Agency, LLC: E-Case #3237; Order effective March 27, 2013.
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: $3,500

National Title Agency: E-Case #3269; Order effective March 27, 2013.
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: $7,500

Paul J. Anderson: E-Case #3250 – Order effective March 6, 2013.
Violation: 31A-6b-201; Selling guaranteed asset protection waivers without a license.
Forfeiture: $1,000

Armed Forces Insurance Exchange: E-Case #3258; Order effective April 4, 2013.
Violations: 31A-23a-402.5 and 31A-23a-402: – Required a quote for insurance in order for the solicitation recipient to receive a $10 gift card; the solicitation was not clear and complete regarding the identity of the sender.
Forfeiture: $1,000

LSI Title Insurance Agency of Utah, Inc.: E-Case #3015; Order effective March 26, 2013.
Violations: 31A-23a-409-Failed to establish and maintain a trust account with a banking institution in the state of Utah; failed to establish and maintain trust account with the licensees’ federal employee identification number; failed to have signatories on trust accounts who were licensees or employees with specific responsibility;
31A-23a-103 – had insurance products issued by non-licensees.
Forfeiture: $100,000

Tim A. Krueger: E-Case #3015; Order effective March 26, 2013.
Violation: 31A-23a-302 – Failed to assure that the title agency he was designated with, complied with Utah insurance laws and rules.
Forfeiture: $3,750

Sun Surety Bail Bonds: E-Case #3255; Order effective February 26, 2013.
Violations: 31A-35-602(2), 604 and 607 – Failed to keep and maintain its business records required to be at its place of business. R590-196-6 Failed to use the disclosure form on file with the Department.
Probation: 12 months
Forfeiture: $1,500

Provo Land Title Company: E-Case #3241; Order effective February 7, 2013.
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: $1,500

Equita Financial Insurance Services of Texas and Senior Advisor Services and Insurance Services Inc.: E-Case #3209; Order effective February 26, 2013.
Violation: R590-130-7 – Respondents violated this rule when a mass mailing advertisement was sent to Utah residents exaggerating the benefits of the policy, also it failed to state the name of the insurer in its advertising.
Forfeiture: $6,000

Employers Direct Health, Inc.: E-Case #3247; Order effective February 26, 2013.
Violation: 31A-23a-105 – Failure to disclose an administrative action on license application.
Forfeiture: $1,000

Absolute Title Insurance Agency: E-Case #3115; Order effective January 14, 2013.
Violations: 31A-19a-209 – Charging unauthorized escrow fees not filed with the Department.
31A-23a-406(3)(b), 406(4)(b), 31A-23a-409(1)(d)(ii) – Fiduciary Violations.
31A-23A-402(1)(a)(i) – False and misleading information on a HUD-1 Settlement Statement; filing a false Annual Report to the Commissioner; creating a fraudulent Warranty Deed; causing it to be recorded; creating false title commitments with the intent that lenders rely on them.
31A-23a-107(2) – Failure to meet the character requirements.
License Limitation: 24 month probation
Forfeiture: $5,000

Mathew S. Lloyd: E-Case #3115; Order effective January 14, 2013.
Violations: 31A-19a-209 – Charging unauthorized escrow fees not filed with the Department
31A-23a-406(3)(b), 406(4)(b), 31A-23a-409(1)(d)(ii) – Fiduciary Violations.
31A-23A-402(1)(a)(i) – False and misleadinginformation on a HUD-1 Settlement Statement, filing a false Annual Report to the Commissioner.
31A-23a-107(2) – Failure to meet the character requirements.
License Limitation: 24 month probation
Forfeiture: $5,000

License Surrendered

Truckers on the Run & Lillie Coburn: E-Case #3266; Order effective December 9, 2013.
Violation: 31A-23a-409: Respondent failed to forward premium to insured’s or insurers.
Respondent breached the fiduciary duty owed to the insured.
License Limitations: Surrender in Lieu of Administrative Action, respondent may not apply for any insurance license in the State of Utah within 5 years unless specific written permission has been received from the Commissioner.

Courtney Morris: E-Case #3352; Order effective October 4, 2013.
Violation: 31A-23a-105 – Failure to disclose an administrative action on license application.
Limitations: License surrendered

Zachary B. Hancock: E-Case #3235; Order effective August 13, 2013.
Violations: 31A-23a-107 – Respondent does not meet the character requirements;
31A-31-103(1)(a) – Respondent made a written statement to an Insurer that he knew to be false with intent to deceive.
License: Surrendered in Lieu

Alexander Bruce Petereit: E-Case #3212; Order effective June 18, 2013
Violation: 31A-23a-105(2) Failure to report a criminal prosecution when applying for a resident producer license.
License Limitation: License Surrendered in lieu of administration action

Bridgette R. Lloyd: E-Case #3115; Order effective January 14, 2013.
Violations: 31A-19a-209 – Charging unauthorized escrow fees not filed with the Department;
31A-23a-406(3)(b), 406(4)(b), 31A-23a-409(1)(d)(ii) – Fiduciary Violations.
31A-23A-402(1)(a)(i) – False and misleading information on a HUD-1Settlement Statement, filing a false Annual Report to the Commissioner, creating a fraudulent Warranty Deed, causing it to be recorded, creating false title commitments with the intent that lenders rely on them.
31A-23a-107(2): – Failure to meet the character requirements.
License Limitation: Surrender in lieu of administrative action or penalties.

License Denied

Adhis G. Ruiz: E-Case #3239; Order effectiveApril 2, 2013.
Violation: 31A-23a-111(5)(b)(xxii) – Having outstanding tax obligations is unqualified for a license.
License Limitation: License denied

Jimmy Ren Pearson: E-Case #3246; Order effective March 25, 2013.
Violation: 31A-23a-107 – Failure to meet the character requirements.
License: License denied

Johansson, Kurt H: E-Case #3245; Order effective April 2, 2013.
Violation: 31A-23a-107 – Failure to meet the character requirements.
License: License denied.

Celeste Johnson: E-Case #3232; Order effective March 25, 2013.
Violations: 31A-23a-107 – Failure to meet the character requirements.
31A-23a-111 – Unqualified for license
License: License denied

John Archibald Breivik: E-Case #3327; Order effective August 1, 2013.
Violation: 31A-23a-107 – Failed to meet the character requirements for licensing.
License Limitation: License denied

Mandi Dawn Avila: E-Case #3326; Order effective August 1, 2013.
Violation: 31A-23a-107 – Failed to meet the character requirements for licensing.
License Limitation: License denied

Lawrence M. Law: E-Case #3301; Order effective July 11, 2013.
Violations: 31A-23a-111(5)(b)(iv) – Failure to pay final judgment.
31A-23a-111(5)(b)(xxi) – Failure to comply with an administrative or court order imposing a child support obligation.
License Limitation: License denied

Public Letter of Admonition

None