Friday, October 31, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. Troy Natereli

AGENCY:
SC Department of Insurance

PARTIES:
Petitioner:
SC Department of Insurance

Respondent:
Troy Natereli
 
DOCKET NUMBER:
04-ALC-09-0285-CC

APPEARANCES:
Eleanor Kitzman
Director of Insurance

Troy T. Natereli
 

ORDERS:

Consent Order Revoking All Licensing Privileges

This matter comes before me pursuant to an agreement entered into between the State of South Carolina Department of Insurance and Troy T. Natereli, an insurance producer and bail bondsman licensed to transact business in the State of South Carolina.

Mr. Natereli acknowledges that he submitted four bad checks to the court for payment of forfeitures brought against him totaling $7,750, wrote several bonds in Greenville, Anderson, Pickens and Oconee Counties and failed to provide the court with the Power of Attorney or provided a Power of Attorney for less than the amount required. Furthermore, he has improperly withheld premiums belonging to a consumer. These are direct violations of § 38-53-150 (4), (5), (8), and (9) of the South Carolina Code which states that the Director of Insurance may revoke the license of a bail bondsman for “misappropriation, conversion, or unlawful withholding of monies belonging to insurers or others and received in the conduct of business under the license.” Moreover, § 38-43-130 of the South Carolina Code provides the Director of Insurance “may revoke an insurance producer’s license when it appears that a producer has violated this title or any regulation promulgated by the Department, or has willfully deceived or dealt unjustly with the citizens of this State.”

Mr. Natereli has agreed that he willfully deceived and dealt unjustly with a citizen of this State, thereby violating S.C. Code Ann. § Section 38-43-130 (as amended).

The parties agreed to submit the entire matter to me, along with their specific recommendation, for my summary decision, rather than to proceed toward a formal public hearing. The consensual recommendation was that Troy T. Natereli would voluntarily surrender his license for revocation.

This administrative disciplinary order is a public record subject to the disclosure requirements of the State of South Carolina’s Freedom of Information Act, S.C. Code Ann. §§ 30-4-10, et seq. (1991 and Supp. 2000).

Nothing contained within this administrative order should be construed to limit, or to deprive any person of, any private right of action under the law. Nothing contained within this administrative order should be construed to limit, in any manner, the criminal jurisdiction of any law enforcement officer or judicial officer. Nothing contained within this administrative order should be construed to limit the statutory duty, of the Director of Insurance, exercised either directly or through the Department of Insurance, to “report to the Attorney General or other appropriate law enforcement officials criminal violations of the laws relative to the business of insurance or the provisions of this title which he considers necessary to report.” S.C. Code Ann. § 38-3-110 (as amended).

It is, therefore, ordered that the license of Troy T. Natereli to do business as a resident insurance producer and bail bondsman within the State of South Carolina be, and is hereby, revoked and that no license, issued through the State of South Carolina Department of Insurance is to be issued to Troy T. Natereli thereafter.

It is further ordered that a copy of this consent order be immediately transmitted to the National Association of Insurance Commissioners for distribution to its member states and to each insurer for which Troy T. Natereli is currently licensed, through the State of South Carolina Department of Insurance, as a resident insurance producer and bail bondsman.

This consent order becomes effective as of the date of my signature below.

 

 

Eleanor Kitzman

Director of Insurance

 

________________________________

Attorney for Petitioner

August _____ 2005

Columbia, South Carolina

 

I CONSENT:

 

 

______________________________

Troy T. Natereli

August_____ 2005.

 

 

David L. Thomas, Attorney for Respondent

23 Wade Hampton Boulevard

Greenville, SC 29609

 

Approved:

 

 

Dated: September 20, 2005

The Honorable Carolyn C. Matthews

Administrative Law Judge

SC Administrative Law Court