Wisconsin Regulators Release List of June 2009 Administrative Actions

The Wisconsin Office of the Commissioner of Insurance has published a list of administrative actions for June 2009.

The regulators noted that in many of these cases the respondent denied the allegations but consented to the action taken.

Any fines resulting from administrative actions are deposited in the Common School Fund which is administered by the Board of Commissioners of Public Lands. The earnings from this fund are distributed to all public K-12 schools in Wisconsin and are used by school libraries to purchase books.

Allegations and Actions Against Agents

• Timothy R. Cornell, 1248 Seitz Dr., Waukesha, WI 53186, agreed to pay a forfeiture of $1,200.00 and to pay consumer restitution of $3,800.00. These actions were based on allegations of failing to properly consider suitability in selling life insurance and annuity products.
• Angela E. Dail, 30812 Baltusrol St., Sorrento, FL 32776, has had her application for an insurance license denied. This action was based on allegations of failing to disclose administrative actions taken by the states of Indiana, Iowa, South Dakota, and Washington on an insurance license application and on the basis of the administrative actions taken by the other states.
• Gregory R. Ernst, 3710 Stanley St., Stevens Point, WI 54481, has had his application for an insurance license denied. This action was based on allegations of a criminal conviction which may be substantially related to insurance marketing type conduct.
• Joe Gamez, 1407 American Ave., Waukesha, WI 53188, was ordered to pay a forfeiture of $1,000.00 and had his insurance license revoked. These actions were based on allegations of theft, unapproved use of a client’s credit card, and failure to notify OCI of a criminal conviction and an address change. Agent Gamez did not answer the allegations and failed to appear at either the prehearing or the hearing.
• Lacinda G. Gerke, 1283 County Rd. PH, Onalaska, WI 54650, agreed to pay a forfeiture of $250.00 and agreed to report all administrative actions in writing to OCI as required by s. Ins 6.61, Wis. Adm. Code. These actions were based on allegations of failing to report to OCI administrative actions taken by the Wisconsin Real Estate Board in 2006 and 2008.
• Kristin J. Hothersall, 805 Thornberry Dr., Alpharetta, GA 30022, has had her application for an insurance license denied for 31 days. This action was based on allegations of failing to disclose an administrative action taken by the state of Alabama on an insurance license application.
• Paul N. Marx, 502 Dorn Dr., Waunakee, WI 53597, has had his application for an insurance license denied for 31 days. This action was based on allegations of failing to disclose a previous administrative action taken by the state of Wisconsin on an insurance license application.
• Timothy F. Starr, 7110 W. Drexel Ave., Franklin, WI 53132, agreed to cease and desist using advertisements which misrepresent the financial condition of an insurer. This action was based on allegations of using an advertisement which misrepresented the financial condition of the AIG insurance companies.
• Shanon S. Vaneperen, 10660 S. Chicago Rd., Oak Creek, WI 53154, has had her application for an insurance license denied for 31 days. This action was based on allegations of failing to disclose a previous criminal conviction on an insurance license application.

Allegations and Actions Against Companies

• Aetna Health Insurance Company, 980 Jolly Rd. U11S, Bluebell, PA 19422, was ordered to pay a forfeiture of $2,000.00, to pay fees when due, and to respond promptly to OCI. These actions were based on allegations of failing to pay required fees and failing to respond promptly to inquiries from OCI.
• American Hardware Mutual Insurance Company, 471 E. Broad St., Columbus, OH 43215, was ordered to pay a forfeiture of $500.00, to pay fees when due, and to respond promptly to all inquiries from OCI. These actions were based on allegations of failing to pay required fees and failing to respond promptly to inquiries from OCI.
• Conseco Health Insurance Company, 11825 N. Pennsylvania St., Carmel, IN 46032, agreed to pay a forfeiture of $20,000.00 and to comply with Wisconsin insurance laws, including the Wisconsin chiropractic mandate, by timely and accurately processing and paying chiropractic claims, paying interest on claims not finally processed within 30 days, and complying with the terms of its policies. These actions were based on allegations of failing to comply with s. 632.87 (3), Wis. Stat., failing to comply with the chiropractic mandate, and utilizing unfair claims settlement practices.
• Esurance Insurance Company, 650 Davis St., San Francisco, CA 94111, was ordered to pay a forfeiture of $500.00, to cease and desist from issuing improper and misleading renewal notices, and to revise its renewal notices to include specific expiration and due dates. These actions were based on allegations of issuing an improper renewal billing notice for an insurance policy.
• Kingdom Business Services, 515 N. Broad St., Thomasville, GA 31792, was ordered to cease and desist from misleading consumers in Wisconsin through inaccurate telemarketing calls and from making statements misrepresenting the purpose of consumer appointments. These actions were based on allegations of misleading consumers and misrepresenting the purpose of solicitation calls on behalf of Medicare Advantage products.
• New Era Life Insurance Company of the Midwest, 200 Westlake Park Blvd. Ste. 1200, Houston, TX 77079, was ordered to pay a forfeiture of $500.00, to pay fees when due, and to respond promptly to inquiries from OCI. These actions were based on allegations of failing to pay required fees and failing to respond promptly to inquiries from OCI.
• New York Marine & General Insurance Company, 919 Third Ave. 10th Fl., New York, NY 10022, was ordered to pay a forfeiture of $2,000.00, to pay fees when due, and to respond promptly to inquiries from OCI. These actions were based on allegations of failing to pay required fees and failing to respond promptly to inquiries from OCI.
• North American Specialty Insurance Company, 650 Elm St., Manchester, NH 03101, was ordered to pay a forfeiture of $500.00, to pay fees when due, and to respond promptly to inquiries from OCI. These actions were based on allegations of failing to pay required fees and failing to respond promptly to inquiries from OCI.
• Reassure America Life Insurance Company, 175 King St., Armonk, NY 10504, was ordered to pay a forfeiture of $500.00, to pay fees when due, and to reply promptly to inquiries from OCI. These actions were based on allegations of failing to pay required fees and failing to respond promptly to inquiries from OCI.
• Washington International Insurance Company, 1200 N. Arlington Heights Rd. Ste. 400, Itasca, IL 60143, was ordered to pay a forfeiture of $500.00, to pay fees when due, and to respond promptly to inquiries from OCI. These actions were based on allegations of failing to pay required fees and failing to respond promptly to inquiries from OCI.

  Copies of the administrative action orders may be viewed online at https://ociaccess.oci.wi.gov/OrderInfo/OrdInfo.oci.

  Source: Wisconsin Office of the Commissioner of Insurance

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