Failure to inform clients of revocation supports denial of subsequent application.

Topic: Insurance, Decided by Judge Kennedy 
Docket Number: 1519813 , Decision Date: 2015-01-08 
Attachment: Click here to download the decision. 

The Department of Insurance (“the Department”) revoked Petitioner’s insurance agent license in 2009 after he submitted four applications containing false and misleading information.  Petitioner thereafter did not notify his clients that his license had been revoked, and continued to provide them with guidance and advice.  [..] Read More..

Court Martial not an automatic bar to licensure.

Topic: Insurance, Decided by Judge Teate 
Docket Number: 1506926 , Decision Date: 2014-12-10 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance denied Petitioner’s application based upon his conviction for two violations of the Uniform Code of Military Justice while serving in the United States Navy.  The Court concluded that Petitioner could be granted a license, despite his criminal history, because Petitioner [..] Read More..

Application denied due to identity fraud and forgery convictions.

Topic: Insurance, Decided by Judge Kennedy 
Docket Number: 1502560 , Decision Date: 2014-09-26 
Attachment: Click here to download the decision. 

Petitioner did not report his prior criminal convictions for forgery and identity theft on his online Resident Agent License application. Because the online application was completed by a third party at Petitioner’s direction, he did not realize that the application called for disclosure of convictions [..] Read More..

Department of Insurance properly exercised its discretion in denying the application of a woman previously caught cheating on an exam.

Topic: Insurance, Decided by Judge Teate 
Docket Number: 1456934 , Decision Date: 2014-08-19 
Attachment: Click here to download the decision. 

Petitioner was caught cheating during the examination component of a Resident Agent License Application. She failed the exam, but the company administering the exam reported the incident to the Georgia Department of Insurance (“DOI”).  After Petitioner took the exam again and passed, the DOI refused [..] Read More..

Insured must pay retroactive workers’ compensation insurance premiums for failing to include family employees’ wages.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1449855 , Decision Date: 2014-09-03 
Attachment: Click here to download the decision. 

Petitioner did not report the annual wages he paid to his sons, who were employees in his carpentry business, on his applications for workers’ compensation insurance coverage, relying on erroneous advice that he was not required to include family employees under his workers’ compensation coverage.  [..] Read More..

Mitigating factors and evidence of good character support issuance of probationary license.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1459122 , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance denied Petitioner’s Resident Insurance Agent License Application due to Petitioner’s non-disclosure two separate criminal convictions in 2009 – one a misdemeanor shoplifting offense, and the other an attempted armed robbery – on his license application and because he received a [..] Read More..

Licensee fined for repeated failure to respond to investigator inquiries.

Topic: Insurance, Decided by Judge Baxter 
Docket Number: 1505759 , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

The Department of Insurance sent several letters to Petitioner, a licensed Resident Agent, regarding allegations of certain business practices.  After Petitioner failed to respond to any of the Department’s letters, it commenced suspension proceedings, whereupon Petitioner finally responded to the allegations.  Although the Department took [..] Read More..

NCCI Manual requires refund of all excess insurance premiums.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1416562 , Decision Date: 2014-05-07 
Attachment: Click here to download the decision. 

The Basic Manual for Workers’ Compensation and Employers’ Liability Insurance, published by the National Council on Compensation Insurance (NCCI), which is incorporated into all workers’ compensation policies in Georgia, can only reasonably be interpreted to require the refund of all excess premiums resulting from the [..] Read More..

Insurance license granted given former felon’s personal transformation.

Topic: Insurance, Decided by Judge Howells 
Docket Number: 1426909 , Decision Date: 2014-02-18 
Attachment: Click here to download the decision. 

The denial of Petitioner’s application for a non-resident agent insurance license was reversed.  While the Commissioner of Insurance has the discretion to refuse to grant an insurance license to persons with felony convictions, denial is inappropriate given Petitioner’s age at the time he committed the [..] Read More..

Probationary insurance license for reformed First Offender.

Topic: Insurance, Decided by Judge Walker 
Docket Number: 1338309 , Decision Date: 2013-06-13 
Attachment: Click here to download the decision. 

Judge Walker reversed the Department of Insurance’s decision to deny Petitioner an insurance license. Even though Petitioner had received First Offender treatment for one felony count of theft by shoplifting—a valid basis for denying a license—she has since demonstrated honesty and transparency regarding her conviction.  [..] Read More..

Interloctory order in insurance case.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1238062 , Decision Date: 2013-04-01 
Attachment: Click here to download the decision. 

The Commissioner of Insurance filed a show cause order against several respondents relating to the sale of limited medical insurance benefits as part of expanded membership in the National Better Living Association (NBLA).  On cross motions for summary determination, Judge Schroer ruled on four issues.  [..] Read More..

Probationary insurance agent license recommended for applicant with criminal history

Topic: Insurance, Decided by Judge Walker 
Docket Number: 1331667 , Decision Date: 2013-04-10 
Attachment: Click here to download the decision. 

Judge Walker reversed the Georgia Department of Insurance’s denial of Petitioner’s application for an insurance license on the basis of his criminal history. Petitioner was sentenced under the First Offender Act, fourteen years prior to his application, to two felony counts of Financial Identity Fraud. [..] Read More..

Petitioner denied insurance license due to her current criminal probationary status.

Topic: Insurance, Decided by Judge Miller 
Docket Number: 1331668 , Decision Date: 2013-04-17 
Attachment: Click here to download the decision. 

Judge Miller affirmed the decision of the Georgia Department of Insurance to deny Petitioner a resident insurance agent license on the basis of her criminal record. Petitioner has a criminal record that includes felony counts of fraud, forgery, and giving false information to an officer. [..] Read More..

Judge finds insurance group correctly calculated workers’ compensation insurance premiums.

Topic: Insurance, Decided by Judge Miller 
Docket Number: 1309754 , Decision Date: 2012-12-19 
Attachment: Click here to download the decision. 

FCCI Insurance Group issues workers’ compensation policies based on payment of an estimated premium and the final premium is calculated at the end of the policy term based on actual exposure during the term. Petitioner made payments to its union glaziers based on the difference [..] Read More..