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CALIFORNIA DEPARTMENT OF INSURANCE
Auto Compliance Bureau - San Francisco
Kathleen L. Morgan, Bar No. 154346
45 Fremont Street, 21st Floor
San Francisco, CA 94105
Telephone: (415) 538-4142
Facsimile: (415) 904-5490
Attorney for the Department of Insurance
SOLO INSURANCE SERVICES, INC.
File No. SD 6660-AP
File No. SD 6661-AP
FIRST AMENDED ORDER TO SHOW CAUSE
1. Cease and Desist and Monetary Penalty pursuant to California Insurance Code section 790 et. seq.
2. Order prohibiting participation in the insurance industry pursuant to California Insurance Code section 1748.5(b)
1. Revokes the license and licensing of Respondent Solo and Respondent Rager.
2. Requires both Respondent Solo and Respondent Rager to pay a $40,000.00 monetary penalty to the State of California.
3. Requires Respondents to cease and desist from further participation in the insurance industry in any capacity until expressly permitted to resume participation in the insurance industry by written order of the Commissioner. The prohibition shall include, but not limited to:
a. Soliciting, negotiating, executing, delivering, effecting, arranging, or otherwise transacting insurance in any manner in exchange for compensation of any kind. "Soliciting" means making any oral or written statement with the intention or possible effect of provoking a person's interest in purchasing an insurance product. "Negotiating" means having any discussion with the objective arranging the purchase or sale of insurance for compensation of any kind.
b. Having any contact whatsoever with any other person, for the purpose of soliciting, negotiating, arranging, discussing, or otherwise transacting insurance in any manner.
c. Advertising, or participating in advertising, by newspaper, telephone book or listing, mail, handout, business card, or by any other written or printed presentation, or in any other manner or means whatsoever, whether personally or through others, which implies that respondent is licensed or is engaged in the business or soliciting, negotiating, executing, delivering, or furnishing insurance in any manner.
d. Acting as an owner, partner, officer, director, shareholder, stockholder, or employee, or having any interest in any insurance business.
e. Acting as an office manager, agent, broker, general agent, managing general agent, underwriter, consultant, or otherwise supervising, controlling, advising, or participating in the conduct of an insurance business.
f. Receiving money, commission, fee, rebate, payment, remuneration, or any other valuable consideration whatsoever, in connection with any insurance transaction, for work for, advice to, or consultation with any insurance business.
g. Acting as an employee, agent, broker, solicitor, office clerk, secretary, consultant, advisor, or otherwise providing any aid or assistance whatsoever, whether on a permanent, full time, temporary, or limited basis, for any insurance licensee or business.
h. Handling, controlling, delivering, transporting, distributing, storing, maintaining, creating, completing, executing, or having access to any blank insurance binder, insurance identification card, or certificate of insurance.
i. Collecting, receiving, requesting, maintaining, handling, distributing, refunding, returning, remitting, assigning, effecting, having access to, controlling, or otherwise having anything to do with any money that has anything to do with an insurance business.
Dated: _____09/07/01______________. HARRY LOW
Kathleen L. Morgan
1 In order to alleviate confusion, the paragraph numbers use in the Accusation issued May 9, 2001,are denoted by "(#)".
2 The respondents held the $150.00 broker fee that should have been refunded since it was unearned premium. Premium is defined as "the sum which insured is required to pay." Allstate Ins. Co. v. State Board of Equal. (1959) 169 Cal.App.2d 165, at 168.