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  1. #1

    Default Prior Action Before Administrative Action

    My question involves insurance law for the state of: Nebraska

    I have been unable to find clear answers concerning how insurance regulations (law) looks at prior action. If a licensed insurance agent has committed a minor violation (the slap on the hand kind of thing), but took action to correct the violation prior to any administration proceedings or actions, is the violation considered invalid? Can action be taken against the insurance agent? I was told that if you signed a consent order stating to the fact, you could be admitting to something which there is legally no grounds for administrative action to be taken. I appreciate any information someone can offer.

    Thanks!

  2. #2
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    Default Re: Prior Action Before Administrative Action

    [quote=honestabe2008;199395]If a licensed insurance agent has committed a minor violation (the slap on the hand kind of thing), but took action to correct the violation prior to any administration proceedings or actions, is the violation considered invalid?
    If you commit a violation that justifies discipline, remedial action may mitigate the penalty but is unlikely to prevent discipline. We aren't psychics and don't read tea leaves, and you haven't told us what happened. So you'll have to discuss this in detail with your lawyer.
    [quote=honestabe2008]Can action be taken against the insurance agent?
    If you commit a violation that justifies discipline, the ordinary consequence is that you can be disciplined.
    Quote Quoting honestabe2008
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    I was told that if you signed a consent order stating to the fact, you could be admitting to something which there is legally no grounds for administrative action to be taken.
    I'm sure you've been told a lot of things during your lifetime. If you don't hear it from your lawyer, be skeptical.

  3. #3

    Default Re: Prior Action Before Administrative Action

    [QUOTE=Mr. Knowitall;200270][quote=honestabe2008;199395]If a licensed insurance agent has committed a minor violation (the slap on the hand kind of thing), but took action to correct the violation prior to any administration proceedings or actions, is the violation considered invalid?
    If you commit a violation that justifies discipline, remedial action may mitigate the penalty but is unlikely to prevent discipline. We aren't psychics and don't read tea leaves, and you haven't told us what happened. So you'll have to discuss this in detail with your lawyer.
    Quote Quoting honestabe2008
    Can action be taken against the insurance agent?
    If you commit a violation that justifies discipline, the ordinary consequence is that you can be disciplined.

    I'm sure you've been told a lot of things during your lifetime. If you don't hear it from your lawyer, be skeptical.
    Thanks for your reply. To answer your question, it involved a business name not being properly licensed and failure to provide prior notification of the use of a business or trade name. The way the regulations read leaves much to be desired and seem too broad in their description of different business entities.

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