ORDER. ( the Commissioner ) against Joseph B. Jehoich ( Jehoich ) pursuant to Maryland Code

Size: px

Start display at page:

Download "ORDER. ( the Commissioner ) against Joseph B. Jehoich ( Jehoich ) pursuant to Maryland Code"

Arron Fleming
10 years ago
Views:

1 MARYLAND INSURANCE BEFORE THE ADMINISTRATION v. MARYLAND INSURANCE ADMINISTRATION JOSEPH B. JEHOICH 5128 HEMLOCK AVENUE VIRGINIA BEACH, VA CASE NO.: MIA NPI NO.: Enf. File No.: PC ORDER This Order ( the Order ) is entered by the Maryland Insurance Commissioner ( the Commissioner ) against Joseph B. Jehoich ( Jehoich ) pursuant to Maryland Code Annotated, Insurance 1-101et seq. (the Insurance Article ), upon due investigation undertaken pursuant to and all other pertinent sections of the Insurance Article. As basis for this action, the Maryland Insurance Administration ( the Administration ) states that: I. Facts 1. Jehoich was issued a license to act as an insurance producer on January 4, 2007 and is authorized to act as a producer until his license expires on January 3, On April 17, 2007, the Administration received a complaint from Vickie London with GEICO Licensing Dept. ( GEICO ) alleging that Jehoich failed to reveal on his licensing application that he was arrested on May 15, 2006 for the offense of Statutory Burglary, Abduction, Robbery and Property Damage over $1, These offenses occurred on December 3, 2005.

Jehoich ( Jehoich ) pursuant to Maryland Code Annotated, Insurance 1-101et seq.

2 3. On June 13, 2007, an investigator from the Administration attempted to contact Jehoich by telephone at his home address. A telephone message was left for Jehoich but he did not return the call. 4. On June 14, 2007, the Administration sent a letter to Jehoich at his home address of 5128 Hemlock Avenue, Virginia Beach, Virginia 23464, requesting that he respond to the Administration s inquiry. A written response was requested within ten business days. Jehoich did not respond to the Administration. 5. On June 28, 2007, Orders to Respond were mailed by regular and certified mail, to Jehoich at his address of record. A written response from Jehoich to the allegations was ordered within ten days. 6. As of July 16, 2007, the certified mail return receipt card sent to Jehoich at his home address, 5128 Hemlock Avenue, Virginia Beach, Virginia 23464, was not returned to the Administration. 7. The regular mail and certified mail sent to Jehoich s address of record have not been returned to the Administration. 8. Joseph B. Jehoich has failed to respond in writing or notify the Administration in regard to the Administration s inquiries and has failed to comply with the Orders to Respond dated June 28, The Administration s investigation revealed that Joseph B. Jehoich pleaded guilty in the Virginia Circuit Court to the Felony charges of Statutory Burglary and Property Damage over $1, on January 9, On January 4, 2007, Jehoich completed an application for his Maryland Producer License. He answered NO to question 1, which asked Have you been 2

A written response was requested within ten business days. Jehoich did not respond to the Administration. 5.

3 convicted of, or are you currently charged with committing a crime, whether or not Adjudication was withheld? 11. On May 24, 2007 Jehoich surrendered his Resident Producer License to the Virginia State Corporation Commission Bureau of Insurance and signed a Voluntary Surrender of Insurance Agent or Consultant License Authority form. II. Violations 12. Jehoich has also violated (a) (1), (2), (3), (8), (11), and (13), and is subject to disciplinary action under the Insurance Article of the Annotated Code of Maryland (a), which provide in part: Denials, suspensions, revocations, and refusals to renew or reinstate penalties. Grounds The Commissioner may deny a license to an applicant under through of the article, or suspend, revoke, or refuse to renew or reinstate a license after notice and opportunity for hearing under a through of the article if the applicant or holder of the license: (1) willfully violated this article or another law of the State that relates to insurance; Oaths, witnesses, and subpoenas. (f) Failure to appear and testify, produce evidence, or give answer. -- (1) A person may not willfully fail to:... (iii) give the Commissioner full and truthful information and answer in writing to any material written inquiry of the Commissioner in relation to the subject of an examination, investigation, or hearing. (2) has intentionally misrepresented or concealed a material fact in the application for a license; (3) has obtained or attempted to obtain a license by misrepresentation, concealment, or other fraud; (8) has been convicted by final judgment in any state or federal court of a felony or crime involving moral turpitude; (11) has willfully failed to comply with or has willfully violated a proper order, subpoena, or regulation of the Commissioner or the insurance regulatory authority of another state; [and/or] 3

License Authority form. II. Violations 12.

4 (13) has otherwise shown a lack of trustworthiness or competence to act as an insurance producer[.] III. Sanctions 13. By the facts and violations stated above, Jehoich s license to act as a producer in the State of Maryland is subject to suspension or revocation as stated in (a), of the Insurance Article. 14. In view of the gravity of the violations and considering that insurance producers are in a position of trust and responsibility, revocation is the appropriate penalty in this case. The public justifiably expects the Administration to ensure that only trustworthy producers are permitted to conduct insurance business. Licensed insurance producers must support the Administration s efforts to regulate the insurance industry, not present obstacles to that effort. By failing to respond to an Order of the Commissioner, failing to cooperate with the Administration's investigation, Jehoich has demonstrated that he does not meet this standard. Therefore, Jehoich s authority to act as a producer shall be revoked. WHEREFORE, for the reasons set forth above and effective this 11 th day of September, 2007, it is HEREBY ORDERED: (1) Jehoich s producer license is REVOKED. RALPH S. TYLER INSURANCE COMMISSIONER Signature on file with original By: P. TODD CIONI Associate Commissioner Compliance & Enforcement 4

In view of the gravity of the violations and considering that insurance producers are in a position of trust and responsibility, revocation is the appropriate penalty in this case.

5 RIGHT TO REQUEST A HEARING Pursuant to COMAR and COMAR , you may request a hearing on this Order. This request must be in writing and be received by the Commissioner within thirty (30) days of the date of the letter accompanying this Order. Pursuant to of the Insurance Article, however, the Order shall be stayed pending a hearing only if a demand for hearing is received by the Commissioner within ten (10) days after the Order is served. The request for hearing must be made in writing. The request must be addressed to the Maryland Insurance Administration, 525 St. Paul Place, Baltimore, MD , ATTN: Megan Hayes, Appeals Clerk. Failure to request a hearing timely or to appear at a scheduled hearing will result in a waiver of your rights to contest this Order and the Order shall be final on its effective date. 5

Pursuant to 2-212 of the Insurance Article, however, the Order shall be stayed pending a hearing only if a demand for hearing is received by the Commissioner within ten (10) days after the Order is

1. Adigun S. Bakare ( Bakare ) was issued a license to act as a resident producer individual,

1. Adigun S. Bakare ( Bakare ) was issued a license to act as a resident producer individual, MARYLAND INSURANCE THE STATE OF MARYLAND ADMINISTRATION MARYLAND INSURANCE v. ADMINISTRATION ADIGUN BAKARE CASE NO.: MIA-2007-06-004 8610 INDIAN SPRINGS ROAD LAUREL, MD 20724 RPI NO. 116886 Enf. File No.: