Defending California Insurance Producers

Ray & Bishop insurance license defense attorneys aggressively represent insurance brokers in license applications, investigations, disclosures, 1033 consent applications, Insurance Code section 1748.5 suspension (bar) cases, denials, accusations, appeals, reinstatements, and related legal matters.  Our strategy is simple: prevent problems, fight for the client if accused, and appeal unfair results.  Our focused, experienced, dedicated license and regulatory practice gives you the advantage.  Contact Ray & Bishop for a prompt, thorough and thoughtful discussion of your legal issue with one of our attorneys.

Defending Insurance Brokers from Simple Mistakes to Complex Disputes

Choosing an experienced, knowledgeable license defense attorney is key to getting the best result from your California Department of Insurance (CDI) license matter.  Ray & Bishop attorneys defend insurance producers in all disciplinary situations, including:

• Discipline for criminal convictions.
• License Denial for criminal convictions.
• 1033 Consent Applications for applicants with felony convictions who require the Commissioner’s consent for licensure.
• License suspension under Insurance Code section 1748.5 due to a pending felony case.
• Consumer Requests for Assistance (RFAs) that lead to Department of Insurance investigations.
• Mishandling of premiums and premium theft.
• Failure to bind insurance.
• Alleged fraudulent loss runs.
• Misrepresentation in applications for insurance.
• Termination of insurance carrier appointments for cause.
• Misconduct in soliciting senior clients for the purchase of annuities.
• Failure to comply with notice and technical requirements for senior annuity sales.
• Transacting insurance without a valid license.
• Discipline against out-of-state insurance licenses.
• Discipline against other licenses, such as a real estate license or notary commission.
• Discipline by other financial regulators, such as FINRA or the SEC.

Adverse History Disclosures on Insurance License Applications and Mandated Disclosures on Form LIC 2557B (Background Information Change Form)

We also aid insurance license applicants in the license application process.  Issues that give rise to problems in insurance license applications include criminal convictions or a prior history of discipline with another licensing board or other California licensing agency. Adverse actions such as convictions and other license discipline may be subject to mandated reporting by the Department of Insurance on Form LIC 2557B.

Expertise in all Aspects of License and Regulatory Issues

Ray & Bishop provides legal representation for insurance brokers in any regulatory agency contact with the potential for an adverse outcome, including:

• Mandated disclosures
• CDI Inquiry Letters (Response Mandated in 21 Days)
• CDI Fraud Unit Investigations
• Requests for Assistance
• Department of Insurance Investigations
• 1033 Consent Applications
• Administrative Hearing Appeals of Denial of 1033 Consent
• Defense Against 1748.5 License Suspension Orders
• Denial of an Insurance License
• Responding to a CDI Cease and Desist Order
• Defense from an Accusation
• Administrative Hearing
• Petition for Reconsideration after an Adverse Decision
• Writ of Administrative Mandamus (Appeal) after a Loss at Administrative Hearing
• Relief from a Default Judgment
• Modification of Discipline
• Petition for Reinstatement of a Lost License
• Petition to Lift Restriction from a License

Common License Defense Questions from Insurance Brokers 

I’ve been contacted by a Department of Insurance investigator.  What should I do?
Hire a license defense attorney.  Any statements you make to an investigator or analyst can become admissions that can be used against you later in court.  An attorney can step between you and the investigator or analyst and perform many important tasks, including clearing up misunderstandings, proactively addressing agency concerns, stopping intrusive and oppressive harassment by investigators, and facilitating communication between an insurance broker and the Department of Insurance in a manner that is managed, documented and controlled.

How should I reveal a past problem on an application, renewal form or disclosure form?
Truthfully and carefully.  We understand the tools that the CDI will use to detect adverse events and fact check your application or renewal form for honesty and accuracy.  We know the rules for what must be disclosed and what need not be disclosed.  If an explanation is required, we can assist with important strategic and messaging considerations to minimize the danger of denial or discipline resulting from the disclosure.

I just received a Statement of Issues.  What’s my recourse?
A Statement of Issues from the Department of Insurance denying a license requires the filing of a Notice of Defense within 15 days of the date when the Statement of Issues was sent (not the date it was received).  It is best to promptly contact Ray & Bishop for a consultation to review the letter, before an important deadline passes.

I’ve received an Accusation.  What’s my next step?
You have only 15 days from the date the Accusation was sent to you (not from the date you received it) to file the Notice of Defense.  This matter should be turned over to an attorney as quickly as possible so that this deadline is met and the filing of the Notice of Defense is documented with proof of filing.

I’ve received an Order of Summary Denial or an Order of Summary Revocation.  Is there something you can do?
Legal options are still available, even after receive of a summary order with an immediate effective date.  Ray & Bishop attorneys have salvaged numerous summarily denied applications and gotten a second change for licensees who have received an order of summary revocation.  Our deep insight into Department of Insurance procedures gives you an advantage.

Can I Save My License or Get a License with a Pending Felony or a Felony Conviction?
Felony convictions can require 1033 consent for licensure and can trigger a summary denial for an applicant or a summary revocation for a licensee.  Pending felony charges can trigger a 1748.5 suspension order.  CDI has specialized procedures, including Department of Insurance special administrative proceedings, to address these issues.  Ray & Bishop has unique experience and insight into these very difficult cases.  We have saved licenses from felony convictions and helped clients secure licenses despite felony convictions.

How do I pay for an attorney?
We accept all major credit cards, bank debit cards, checks, money orders and cash.  Interest-free payment plans may be available in some circumstances.

Unique Aspects of Department of Insurance Cases

An insurance broker, also known as an insurance producer, typically requires a valid license and carrier appointments to transact insurance.  If a carrier believes an insurance broker has committed misconduct, they can terminate an appointment for cause and must report the termination to the Department of Insurance.  Insurance carriers sometimes work hand-in-hand with the Department of Insurance to seek discipline against insurance brokers.

The Department of Insurance has the most extensive investigative network of any licensing agency.   CDI’s Fraud Division has 275 investigators in 9 offices throughout California investigating alleged fraud in insurance transactions.  CDI’s Investigations Division has 90 investigators throughout California placed in various state offices.  The Department of Insurance seeks both administrative and criminal enforcement of violations of insurance laws.