INSURANCE DEPARTMENT - catalog.state.ct.us · days of service of this Complaint specifically...

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STATE OF CONNECTICUT INSURANCE DEPARTMENT X IN THE MATTER OF: WAYNE L. STANLEY Respondent Docket No. FC 18-07 ■X ORDER FOR DEFAULT JUDGMENT AND ORDER OF REVOCATION The Insurance Commissioner, hereinafter referred to as Commissioner, is charged with the admimstration and enforcement of the insurance laws and regulations that pertain to licensees of the Insurance Department pursuant to Connecticut General Statutes Section 38a-8. Section 38a-774 of the Connecticut General Statutes provides in part that: The commissioner, after reasonable notice to and hearing of any holder of a license issued by the commissioner, may suspend or revoke the license for cause shown. In addition to or in lieu of suspension or revocation, the commissioner may impose a fine not to exceed five thousand dollars. The Commissioner has conducted an investigation of the activities of the above captioned Respondent and as a result of that investigation issued a Complaint dated February 16, 2018, a copy of which is attached hereto as Exhibit A, aUeging cause to suspend or revoke licenses issued by the Commissioner, or in addition to or in lieu thereof impose a fine. Section 38a-8-61 of the Regulations of Connecticut State Agencies provides that: The respondent in any enforcement proceeding shall file an answer with the Commissioner within twenty (20) days of service of the notice of hearing specifically admitting or denying the allegations or charges set out in the notice. Factual allegations not specifically denied shall be deemed to be admitted. Section 38a-8-62 of the Regulations of Comecticut State Agencies provides that: In any proceeding when the Respondent fails to fi le an answer as required by Section 38a-8-61 of these Regulations or fails to appear at a duly noticed hearing, www.ct.gov/cid P.O. Box 816 Hartford, CT 06142-0816 An Equal Opportunity Employer

Transcript of INSURANCE DEPARTMENT - catalog.state.ct.us · days of service of this Complaint specifically...

Page 1: INSURANCE DEPARTMENT - catalog.state.ct.us · days of service of this Complaint specifically admitting or denying the allegations or charges set out in the Complaint. ... not contest

STATE OF CONNECTICUTINSURANCE DEPARTMENT

X

IN THE MATTER OF:

WAYNE L. STANLEY

Respondent

Docket No. FC 18-07

■X

ORDER FOR DEFAULT JUDGMENT AND ORDER OF REVOCATION

The Insurance Commissioner, hereinafter referred to as Commissioner, is charged withthe admimstration and enforcement of the insurance laws and regulations that pertain tolicensees of the Insurance Department pursuant to Connecticut General Statutes Section38a-8.

Section 38a-774 of the Connecticut General Statutes provides in part that:

The commissioner, after reasonable notice to and hearing of any holder of alicense issued by the commissioner, may suspend or revoke the license for causeshown. In addition to or in lieu of suspension or revocation, the commissionermay impose a fine not to exceed five thousand dollars.

The Commissioner has conducted an investigation of the activities of the above captionedRespondent and as a result of that investigation issued a Complaint dated February 16,2018, a copy of which is attached hereto as Exhibit A, aUeging cause to suspend orrevoke licenses issued by the Commissioner, or in addition to or in lieu thereof impose afine.

Section 38a-8-61 of the Regulations of Connecticut State Agencies provides that:

The respondent in any enforcement proceeding shall file an answer with theCommissioner within twenty (20) days of service of the notice of hearingspecifically admitting or denying the allegations or charges set out in the notice.Factual allegations not specifically denied shall be deemed to be admitted.

Section 38a-8-62 of the Regulations of Comecticut State Agencies provides that:

In any proceeding when the Respondent fails to file an answer as required bySection 38a-8-61 of these Regulations or fails to appear at a duly noticed hearing,

www.ct.gov/cidP.O. Box 816 • Hartford, CT 06142-0816

An Equal Opportunity Employer

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the Commissioner may, in his discretion, note such failure upon the record andrender a decision by default.

IN ACCORDANCE WITH THE FOREGOING:

I FIND, in light of the foregoing, that a Complaint and Notice of Hearing was sent on orabout February 16,2018 to the Respondent, by regular first-class mail and by certifiedmail, Number 7016 0910 0000 4320 4586, with the proper postage to the followingaddress:

Wayne L. Stanley6 Wheelock Rd.

Ellington, CT 06029

Evidence of mailing of Certified Mail, Article Number 7016 0910 0000 4320 4586, sentto Respondent at 6 Wheelock Rd,, Ellington, CT 06029, on February 16, 2018 is attachedas Exhibit B. Certified Mail, Article Numbers 7016 0910 0000 4320 4586 was returnedto the Department marked "Forward Time Expired Return to Sender". See Exhibit C.The Complaint and Notice of Hearing sent by first-class mail to the Respondent was notreturned to the Department.

As- of this date, the Department has not received any answer to the Complaint from theRespondent.

The addresses stated above are the addresses filed with this Department by theRespondent, who is required by law to report any change of address within thirty days.From the date of this order, the Complaint and Notice of Hearing was mailed to theRespondent 60 days ago. Accordingly, I find that the Respondent received service andreasonable notice of the Complaint in accordance with the Regulations of ConnecticutState Agencies, Sections 38a-8-18 and 38a-8-59 et seq.

I FURTHER FIND that the Respondent did not file an answer within the time periodrequired in accordance with the Regulations of Connecticut State Agencies, Section38a-8-61, nor did he appear at the scheduled hearing. Accordingly, all of the allegationsas set forth in the Complaint, attached hereto, are hereby deemed admitted.

IT IS HEREBY ORDERED, in accordance with the above findings and pursuant toSection 38a-8-61 of the Regulations of Connecticut State Agencies, that:

1. A decision by default enters against the Respondent, Wayne L. Stanley.

2. That all licenses issued to the Respondent pursuant to Sections 38a-702e and38a-769 of the Connecticut General Statutes, are hereby revoked and the Hearingoriginally scheduled for March 21, 2018 is cancelled.

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3. That pursuant to Section 38a-8-63 of the Regulations of Connecticut StateAgencies:

A respondent may move to reopen any decision rendered by default within sixty(60) days of the entry thereof. The motion shall be in writing and shall state thereasons for the failure of the respondent to answer or appear. If a default wasentered for failure of the respondent to file an answer, the respondent shall submitsaid answer with the motion to reopen. If good cause appears for the failure ofthe respondent to answer or appear, the Commissioner may grant said motion andshall schedule the hearing at tihe earliest date convenient to the Commissioner.

So ordered this 2018

Katharine L. Wade

Insurance Commissioner

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STATE OF CONNECTICUTINSURANCE DEPARTMENT

IN THE MATTER OF

WAYNE L.STANLEY

Respondent

DOCKET NO.: FC18-07

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CO]y[PLAINT

The InsuranGe Commissioner of the State of Connecticut having reason to believe that

Wayne L. Sianaley engaged in acts of conduct as set forth herein and which, if true^would violate Sections. 38a-702l5; 38a-7693 38a-77l5 38a-^815 and 3.8a-816 of theConnecticut General Statutes and would constitate cause under Sections 3 8a-702k, 38 a-

774 and 38a-817 of the Connecticut General Statutes for the revocation or suspension oflicenses issu^ by the Insurance Department and/or the hnposilion of fines and otherpenalties, aUd it appearing to the Insuraace Corninissloner that aproceeding in respectthereof would be in the public interest, hereby issues this Complaint alleging the chargesin that regard as follows:

COthSTTI

1. Wayne L. Stanley, hereinafter referred to as the Respondent, is licensed as aniosurance producer, Ucense number 001077883, by the State of ConnecticutInsuraace Departinent,,hereinafler referred to as Department.

2, Ih early August 2017, upon application submitted by Respondent, a.Bankers Lifeand Casualty Company ̂Bankers Life") policy was issued on tiie life oj^1 Connecticut resident C^M Bankers Life Policy").

3. The SM Bankers Life Policy was a whole life iosurance product with a $25,000face value: and a.$3,225.75 annual premium.

4. The

savings account, number as belonging to

www.cLgov/ddP.O. Box 816 • Hartford CT 06142-0816

An Equal Opportomty Employer

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5. The SM Bankers Life Policy was set up so that the initial premium of $3,225.75would be withdrawn from savings account via an electronic fundstransfer, however, the withdrawal transaction, was unsuccessful.

6. Subsequentlymi^received notice from Bankers Life that it liad not been ableto withdraw the first monthly premium for the SM Bankers Life Policy.

7. After receiving the notice referenced in paragraph 6,.iBankers Life and made its representative aware that:

'contacted

never authorized the Respondent to submit an applicationto Bankers Life, or authorized anyone to purchase a life insurance policyon his behalf.

On the SM Banker's Life applicatipn, which was; completed by theRespondent, the information about of birth, socialsecurity number and bank account number was incorrect, untruthful andfalse.

signature on the SM Bankers Life Policy is notauthentiCi but was forged by the Respondent.

does not oWn"

and. did not auttsorize payment from, this account

The Respondent had Visited^^^BHlBlfcf at home, and discussedMedicare supplement coverage, but flHP never agreed to buy lifeinsurance, or completed or signed either an electronic or paper applicationfor the SM Banker's Life Policy.

'consent completed8. The Respondent fraudulently and withoutand submitted to Bankers Life the application for the SM Bankers Life Policymisrepresenting the facts thereof.

9. The conduct as described above, if true, is in violation of Sections 38a-702k, 38a-816 and 38a-769 of the Connecticut General Statutes and constitutes cause

pursuant to Sections 38a-702k, 38a-774 and 38a-817 of the Connecticut GeneralStatutes for the suspension or revocation of insurance licenses and/or for theimposition of fmes.

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COUNTn

1-8., Paragraphs one through eight of Couat 1 are incorporated in and made paragraphsone through eight of this Count.

9. The Respondent engaged in the same unfair and deceptive practice outlined inparagraphs one. through eight of this Count when he sold Bankers Life insuranceproducts to Connecticut residents

(collectively "the Applicants", in.each case acting fiaudulentlyand without the Applicants' knowledge or consent.

10.. The conduct as described above, if true, is in violation of Sections 38a-702k, 38a-

816 and 3 8 a-76.9 of the Connecticut General Statutes and constitutes, cause

pursuant to Sections 3 8a-702k, 3 8a-774 and 3 8a-817 of the Connecticut GeneralStatutes for the suspension or revocation of insurance licenses and/or for theimposition of fines. ■

CQUNTin

1. Paragraph one of Count I is incorporated in and made paragraph one of thisCount.

2. On or about January 26, 2018, the Department sent a letter to the Respondentrequesting information concerning Respondent's liandling of the matters set om inCount I and Count II of this Complaint- Such letter was mailed by regular first-class mail and Certified Mail, Number to theRespondent's address on file with the Department,!

3. The Respondent failed to comply with the Department's request contained in theJanuary 26^ 2018 correspondence,

.4., The conduct of Respondent, as set forth in paragraphs 1 through 3 of this Count,is in violation of Sections 38a-l 6 and 38a-769 of the Cohnecticut; General

Statutes^ and constitutes cause for revocation or sixspension of Respondent'slicenses and/or the imposition, of fines pursuant to Section 38a-774.

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NOTICE

Notice is hereby given to yoxi, Wayne L. Stanley, Respondent herein, that March 21,2018 at 10:0Qain is hereby fixed as the time where a public hearing will be held in theoffices of the Insurance Depaftmentj, 153 Market Street ("960 Main" Building),Floor, H^ord, Connecticut on the charges set forth in this Complaint^ at which timeand place you'win have the right to appear before the undersigned, or a dulydesignated hearing officer, to show cause why your license(s) should not besuspended or revoked and/or why fine(s) should not be imposed. i

The legal authority and j urisdiction for.the hearing hi this matter ,are contained inSection 38a-769, 38a-774, 38a-817,4-177,4-182 and 4-183 of the ConnecticutGeneral Statutes.

Pursuant to Section 38a-8-61 of the Regulations of Connecticut State Agencies, you

are required to file an answer within the Insurance Department within twenty (20)days of service of this Complaint specifically admitting or denying the allegations orcharges set out in the Complaint. Factual allegations not specifically denied shall bedeemed to be admitted.

Failure to file said ̂ swer as^ required by Section 38a-8-61, R.C.SA., or failure to,appear at the time and place fixed for hearing will permit the Commissioner, at herdiscretion, to note: such failure upon the record and render a decision by default.

If you desire to waive hearing on the allegations of fact set forth in the Coinplaint andnot contest the facts alleged, please file with the Insurance Department an answer to

this complaint on or before the, twentieth (20th) day after service of it upon you,consisting of a statement that you as Respondent in this matter admit all of thematerial allegations of fact charged in die Complaint to be. true.

The Insmance Department does not discriminate on the basis of disability inadmission to, access to, or operation of its programs, services or activities, inaccordance with Title 11 of the Americans with Disabilities Act of 1990, Individuals

who reqipre auxiHaiy aids for effective corqmuriication or other accommodation areinvited to make their needs and preferences known to Patricia Tiberio, ADACoordiimtor, at the Insurauce Department (Tel: 860.297.3800).

Page 8: INSURANCE DEPARTMENT - catalog.state.ct.us · days of service of this Complaint specifically admitting or denying the allegations or charges set out in the Complaint. ... not contest

All eoxrespondeace eoiiceming this ijiatter should be sent to the InsuranceDepartment, State of Connecticut, P. O. Box 816, Hartford, CT 06142-0816.

Dated at Hartford, Connecticut this day of ^OfS ■

Katharine L. Wade

Insurance Commissioner

Antonio Capdrale

Counsel

Page 9: INSURANCE DEPARTMENT - catalog.state.ct.us · days of service of this Complaint specifically admitting or denying the allegations or charges set out in the Complaint. ... not contest

CONNECnCUT lf43URAS!«yt.RTMENT

Richard Reid

Fraud & Investigations

7D1L min DflDD 4320 4'SfiL

SENDER: COMPLETE THIS SECTION

■ Complete Items 1, Zf and 3. Also completeitem 4 If Restricted Delivery (s desired.

■ Print your name and address on the reveraeso that we can return the card to. you.

■. Attach this card to the back of the malipiece,or on. the front If space permits.

1. Article Addressed to:

COMPLETE THIS SECTION ON DELIVEHY

A. Signature

X

Wayne L. Stanley6 Wlieelock RoadEllington, CT 06029

D Agent□ Addresses

C. Date of Dellveiy

p. IsdalivfliyaddressdiffansntfrDmttBml? OTesIf YES, enter delivery address below: CJ No

Wa^e L. Stanley6 Wheelock Road

Ellington; CT 06029

2. Article NumberfTTansfer from serv/c© fabe^

PS Form 3811, February 2004

^rvlcs^paIp ceruiad Mall□ Registered□ Insured Mall

U.S. Postal Service"CERTIFIED MAIL® RECEIPTDomBstlo Mail Only

»fedra Servloea fltpees (chw|f fiof, add fee Bs oppmpriate)PRolorn Raoslpt (haidoopy)' 4□ HBtum Reoalpt (elscrtrnnlol 4 —nCertinBd Mall Hestrtallid DbUvW $□Aduit Signature RBqujisa 4—□ Adult SlgnatUfB flBStrlcted DBllveiy $ _ „, —

Postage

□ Express Mall0 Return Receipt for f^erehsndlse jl□ 0,0.0,

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Total Postage

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Sent 7b

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Domestfo Return Receipt

Wayne L. StaialeygWh-eelCekRoad

Ellington, CT 06029

1d2S95-{}2-M-l640 {R^St%9li5^n

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OEPARtMENT

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