Consent Order filed by the South Carolina Department of Insurance imposing a fine on an agent who submitted a modification to a policy without the knowledge and consent of the insured.
Consent Order filed by the South Carolina Department of Insurance imposing a fine on an agent who submitted a modification to a policy without the knowledge and consent of the insured.
Consent Order filed by the South Carolina Department of Insurance imposing a fine on an agent who submitted a modification to a policy without the knowledge and consent of the insured.
Before the State of South Carolina
‘Department of Insurance
‘Tn the Matter of: SCDOI File # 19-6742
)
Mary E. Rochester y Consent Order Imposing
) Administrative Fine
PO Box S41 ) NPN #18714729
Simpsonville, SC 29681 }
)
This matter comes before me pursiiant to an agreement entered into between the State of
South Carolina Department of Insurance (the Department), and Mary E. Rochester, a resident
producer licensed to transact business in the State of South Carolina,
After careful review of the evidence presented, I find as follows:
FINDINGS OF FACT
Mary E. Rochester has a South Carolina resident producer license NPN #18714729.
Mary E. Rochester submitted @ modification document to American Income Life
Insurance Company without the knowledge and consent of the insured,
CONCLUSIONS OF LAW
Under S.C. Code Section 38-43-130(A)(C)(8)(10), the director or his designee may place
on probation, revoke, or suspend a producers license after ten days" notice or refuse to
issue oF reissue a license when it appears that a producer....has violated this title or any
regulation promulgated by the department. ..See Code Ann, §38-43-130 (AYC}G).
(8) *
wat
elsewhe}
(10) “forging another's name to an application for insurance or t0 any document related
to an insurance transaction.”
2. $. C. Code Section 38-2-10(2) provides that administrative penalties may be imposed
for each vio‘ation of the South Carolina insurance laws;
If the violator is a person, other than an insurer or a health maintenance organization,
licensed by the director or his designee in this State, the director or his designee shall (a)
fine the person in an amount not to exceed two thousand five hundred dollars, or (b)
suspend or revoke the license of the person, or both. Ifthe violation is willful, the director
cr his designee shall (a) fine the person int an amount not to exceed five thousand dollars,
‘or (b) susperd or revoke the license of the person, or both.ORDER
Prior to the initiation of any administrative proceedings by the Department against Mary E. Rochester the
parties agreed to sabmit the entire matter to me, along with their specific recommendation, for my
summary decision, rather than to proceed toward a formal public hearing. The consensual
recommendation was that Mary E, Rochester would be allowed to enter into this Consent Order imposing
an administrative fine of five hundred dollars ($500.00) and waive her right to a public hearing. The
parties expressly agree and understand that this consent order constitutes full conclusion of this matter.
THEREFORE, it is ordered that Mary E. Rochester shall pay to the Department an administrative
penalty of five hundred dollars ($500.00). Pursuant te S.C. Code Ann. § 38-2-10, she shall pay the fine
within thirty (30) days from the date of this order. If the five hundred dollars ($500.00) fine is not paid
within said thirty (39) day period Mary B. Rochester's producer license shall be suntmarily revoked.
IT IS FURTHER ORDERED that the National Association of Insurance Commissioners be
immediately notified of this order.
‘This South Carolina Department of Insurance administrative disciplinary order is a public record subject
to the disclosure requirements of the Stste of South Carolina's Freedom of Information Act, S.C. Code
Ann, §§ 30-4-10, et seq. (2016). Nothing contained within this administrative disciplinary order should
bbe construed to limit or to deprive any person of any private right of action under the law. Nothing
contained within th s administrative disciplinary order should be construed to limit, in any manner, the
criminal jurisdiction of any taw enforcement or judicial officer
Nothing contained within this administrative disciplinary order should be construed to limit the statutory
duty of the Director of Insurance, exercised either directly or through the Department of Insurance, to
“report to the Attorney General or other appropriate law enforcement officials criminal violations of the
law relative to the business of insurance or the provisions of this title which he considers necessary to
report.” S.C. Code Ann, §38-3-110(3) (2016).
Raymond G. Farmer
Director of Insurance
pt
Dated thi Dwi, of August 2019
Columbia, South CarolinaI CONSENT TO THE FOLLOWING ORDER AND WILL COMPLY AS AGREED:
Signat
E. Roohe
Mec. 1 Kocheste
Title
Mary E, Rochester
PO Box S41
Simpsonville, SC 29681
*
Dated this D9 ~ day of August 2019