Cosby v. Commonwealth ex rel. State Corporation Commission

450 S.E.2d 121, 248 Va. 551, 1994 Va. LEXIS 156
Supreme Court of Virginia·Decided November 4, 1994·No. Record No. 940576·Published

Opinion

JUSTICE WHITING

delivered the opinion of the Court.

In this appeal of an order suspending an insurance agent’s license and fining him for the violation of two regulatory statutes, we decide whether the evidence supports the State Corporation Commission’s order.

[553]*553Effective January 1, 1991, George H. Cosby, III, purchased the assets and liabilities of Auto Insurance Center, Inc., which had offices in Irvington, Tappahannock, Richmond, and Danville. Cosby continued the business operation as a sole proprietor trading as Auto Insurance Center.

Cosby directed his employees to deposit all insurance premium payments in a business account at Signet Bank branches near the business offices, and to make daily transfers of those funds from the Signet account to an account Cosby maintained at the Commonwealth Bank in Richmond. Cosby was the only person who could draw on this account.

In March 1991, Capitol Premium Plan, Inc. (Capitol), a premium finance company, complained to the Commission that Cosby had not remitted the down payments that five insureds had paid Auto Insurance Center for transmittal to Capitol. Capitol had financed the annual insurance premiums for the insureds’ automobile liability insurance policies. Later, Agency Services, Inc. (ASI), another premium finance company, filed a similar complaint regarding two of its customers.

During the investigation of these complaints by the Bureau of Insurance, other alleged violations were discovered. On January 22, 1993, the Commission issued a rule to show cause against Cosby why his license to transact insurance business should not be revoked and why he should not be fined for these and other violations not involved in this appeal.

The matter was heard by a hearing examiner pursuant to the provisions of Code § 12.1-31. Following a two-day hearing, the hearing examiner reported to the Commission that Cosby had committed 16 violations of statutory provisions regulating the transaction of insurance business. The examiner recommended that Cosby’s license to transact insurance business in the state be revoked, and that he be fined $500 for each violation. Overruling Cosby’s objections to the report, the Commission adopted the examiner’s findings of fact and conclusions of law and revoked his license, but fined Cosby only $250 for each violation. Cosby appeals to this Court.

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Cosby v. Commonwealth ex rel. State Corporation Commission, 450 S.E.2d 121, 248 Va. 551, 1994 Va. LEXIS 156 (Va. 1994).

450 S.E.2d 121 (Cosby v. Commonwealth ex rel. State Corporation Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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