STATE OF CONNECTICUT

INSURANCE DEPARTMENT

-X

IN THE MATTER OF:

ANTHONY J. FRANCO

RespondentX

Docket No. FC 19-03

ORDER FOR DEFAULT JUDGMENT AND ORDER OF REVOCATION

The Insurance Commissioner, hereinafter referred to as Commissioner, is charged withthe administration 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 January 9,2019, a copy of which is attached hereto as Exhibit A, alleging 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 Connecticut 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/cid

P.O. Box 816 • Hartford, CT 06142-0816

An Equal Opportunity Employer

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 January 9, 2019 to the Respondent, by regular first-class mail and by certified mail,Number 7016 0190 0000 4320 4982, with the proper postage at the following address:

Anthony J. Franco62 Brentwood Court

Middletown, CT 06457

Evidence of mailing of Certified Mail, Article Number 7016 0190 0000 4320 4982, sentto Respondent at 62 Brentwood Court, Middletown, CT 06457 on January 9, 2019 isattached as Exhibit B. Certified Mail, Article Numbers 7016 0190 0000 4320 4982 wasreceived by the Respondent on January 12, 2019, see Exhibit C. The Complaint andNotice of Hearing sent by first-class mail to the Respondent was not returned to theDepartment.

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

The address stated above is the address filed with this Department by the Respondent,who is required by law to report any change of address within thirty days. From the dateof this order, the Complaint and Notice of Hearing was mailed to the Respondent 22 daysago. Accordingly, I find that the Respondent received service and reasonable notice ofthe Complaint in accordance with the Regulations of Cormecticut State 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. Accordingly, all of the allegations as set forth in the Complaint, attachedhereto, 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, Anthony J. Franco.

2. That all licenses issued to the Respondent pursuant to Sections 38a-702f and38a-769 of the Connecticut General Statutes, are hereby revoked and the Hearingoriginally scheduled for February 19, 2019 is cancelled.

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 the earliest date convenient to the Commissioner.

So ordered thisJ^L ̂day of sj 2019

Paul Lombardo

Acting Insurance Commissioner

STATE OF CONNECTICUTINSURANCE DEPARTMENT

m THE MATTER OF

ANTHONY J. FRANCO

RespondentDOCKET NO.: FC 19-03

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COMPLAINT

Ttie Insurance Commissioner of the State of Connecticut, having reason to believe thatAnthony J. Franco engaged in acts of conduct as set forth herein and which, if true, wouldviolate Sections 38a-702k, BSa-VdP, 38a-771, 38a-815 and38a-816 of the Connecticut

General Statutes and would constitute cause under Sections 38a-702k, 38a-774 and 38a-

817 of the Connecticut General Statutes for the revocation or suspension of licenses issuedby the Insurance Department and/or the imposition of fines and other penalties, and itappearing to the Acting Insurance Commissioner that a proceeding in respect thereofwould be in the public interest, hereby issues this Complaint alleging the charges in that

regard as follows:

■ COUNTI

L Anthony J. Franco ("Respondent") is licensed as a resident insurance producer, license

, number 000968543, by the State of Connecticut Insurance Department ("Department").Respondent was the owner and licensee of Triple Play Insurance Agency, LLC, license,number 000968543. Triple Play Insurance Agency, LLC, is no longer active.

2. On February 8, 2018, Allstate Property and Casualty Insurance Company ("Allstate")

terminated the appointment of the Respondent after an audit whereby it determined that

the Respondent falsified renter's insurance policy applications, submitted suchapplications without the purported applicants' knowledge or consent and paid for the

policies using his own MasterCard credit card ending in^|||P

3. The individuals on whose behalf the Respondent submitted renter's insurance policyapplications included, among others,

and

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

An Equal Opportunity Employer

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4. Allstate was able to contact and verify that the ^ant theRespondent permission to submit Allstate renter's insurance applications on theirbehalf or pay the correspondmg premiums due.

5. The Department was able to verify that

did not grant the Respondent permission to submit Allstate renter's

insmance applications on their behalf or pay the conesponding premiums due.

6. The conduct as. described above, if true, is in violation of Sections 38a-702k, 38a-769

and38a-816 of the Connecticut General Statutes and constitutes cause, pursuant to

Sections 3 8a^702k, 3 8a-774 and 3 8a-817 of the Connecticut General Statutes for the

suspension or revocation of insurance licenses and/or for the imposition of fines.

NOTICE

Notice is hereby given to you, Anthony J. Franco, Respondent herein, that February 19,at 10:00 am is hereby fixed as the time where a public hearing will be held in the ofhces

of the Insurance Department, 153 Market Street ("960 Main" Building), 7th Floor,Hartford, Connecticut on the charge set forth in this Complaint, at which time and place

you will have the right to appear before the undersigned, or a duly designated hearingofficer, to show cause why your license(s) should not be suspended or revoked and/or

why fine(s) should not be imposed.

The legal authority and jitrisdiction for the hearing in this matter are contained in Section38a-769, 38a-774, 38a-817,4-T77,4-182 and 4-183 of the Connecticut General Statutes.

Pursuant to Section 3 8a-8-61 of the Regulations of Comiecticut State Agencies, you are

required to file an answer withia the Insurance Department within twenty (20) days, ofservice of this Complaint specifLcally admitting or denying the allegations or charges setout in the Complaint. Factual allegations not specifically denied shall be deemed to beadmitted.

Failure to file said answer as required by Section 38a-8-61, R.C.S.A., or failure to appear

at the time and place fixed for tiae hearing will permit the Commissioner, at his ,discretion, 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 Complaint and notcontest the facts alleged, please file with the Insurance Department an answer to thiscomplaint on or before the twentieth (20th) day afief service of it upon you, consisting ofa statement that you as Respondent in this matter admit all of the material allegations offact charged in the Complaint to be true.

The Insurance Department does not discriminate on the basis of disability in admissionto, access to, or operation of its programs, services or activities, in, accordance with Title11 of the Americans with Disabilities Act of 1990. Individuals who require auxiliary aids

for effective communication or other accommodation are invited to make theii' needs and

preferences known to Patricia Tiberio, ADA Coordinator, at the Insurance Department(Tel: 860.297.3800).

All correspondence concerning this matter should be sent to the Insurance Department,State of Connecticut, P. 0. Box 816, Hartford, CT 06142-0816.

Dated at Hartford, Connecticut this ̂ ̂ day of ^ .

Paul Lombardo

Acting Insurance Commissioner

Counsel

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Anthony J. Franco62 Brentwood Ct.Middletown, CT 06457

SENDER: COMPLETE THIS SECTION

Complete Items 1,2, and 3. ̂ so completeItem 4 If Restricted Delivery Is desired.Print your name and address on the reverseso that we can return the card to you.Attach this card to the back of the mallplece,or an the front If space permits.

1, Article Addressed to:

Anthony J. Franco62 Brentwood Ct.

Middletown, CT 06457

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