I have 2 misdemeanors on my record in Ohio. One is 2 years old and another is 4 years old. Will this prevent me from getting a state insurance license?
Total Comments: 68
Posted: Wed Nov 10, 2010 09:43 pm Post Subject:
A misdemeanor came up in background check which i didnt know about so it wasnt disclosed
I seriously doubt this!! Where were you when they arrested you, tried you in court, and convicted you? In another country on the same day?
This is what the insurance code means when it describes a "person lacking in integrity" and they use it as the reason to deny your license (or to revoke it).
Posted: Wed Nov 10, 2010 09:48 pm Post Subject:
Felonies are the only thing that will keep you from getting your licenses in Ohio
First thing, I'm not an expert in Ohio insurance law, but I could certainly take the time to look this up and find the sections of Ohio insurance code that prove you wrong.
Every state that I do have experience with researching their insurance codes identify certain crimes as MISDEMEANORS, such as misrepresentation and twisting. And those specific insurance misdemeanors (and others) are always listed as a reason for which a person might LOSE their insurance license. If a person can have their license revoked or suspended, then the same crime committed by an unlicensed person can prevent them from being licensed to begin with. It's seen in every state's insurance code.
Could it be missing from Ohio's. Anything is possible, but in this case, that's doubtful. In the next day or two, I'll take the time to find it and post it here.
Posted: Wed Nov 10, 2010 09:56 pm Post Subject:
Well, I'm back. As it turns out, it took about 90 seconds to find the answer. There are 39 subsections which identify reasons for which a person can have an insurance license suspended, revoked or refused in Ohio.
All of them are listed here. Contrary to the anonymous JUMPMASTER who is willing to hire any non-felonious criminal, be sure to look at the portions I've BOLDED below, and see if the word MISDEMEANOR does not appear, as I said it would:
3905.14 Disciplinary actions.
(A) As used in sections 3905.14 to 3905.16 of the Revised Code:
(1) “Insurance agent” includes a limited lines insurance agent, surety bail bond agent, and surplus line broker.
(2) “Refusal to issue or renew” means the decision of the superintendent of insurance not to process either the initial application for a license as an agent or the renewal of such a license.
(3) “Revocation” means the permanent termination of all authority to hold any license as an agent in this state.
(4) “Surrender for cause” means the voluntary termination of all authority to hold any license as an agent in this state, in lieu of a revocation or suspension order.
(5) “Suspension” means the termination of all authority to hold any license as an agent in this state, for either a specified period of time or an indefinite period of time and under any terms or conditions determined by the superintendent.
(B) The superintendent may suspend, revoke, or refuse to issue or renew any license of an insurance agent, assess a civil penalty, or impose any other sanction or sanctions authorized under this chapter, for one or more of the following reasons:
(1) Providing incorrect, misleading, incomplete, or materially untrue information in a license or appointment application;
(2) Violating or failing to comply with any insurance law, rule, subpoena, consent agreement, or order of the superintendent or of the insurance authority of another state;
(3) Obtaining, maintaining, or attempting to obtain or maintain a license through misrepresentation or fraud;
(4) Improperly withholding, misappropriating, or converting any money or property received in the course of doing insurance business;
(5) Intentionally misrepresenting the terms, benefits, value, cost, or effective dates of any actual or proposed insurance contract or application for insurance;
(6) Having been convicted of or pleaded guilty or no contest to a felony regardless of whether a judgment of conviction has been entered by the court;
(7) Having been convicted of or pleaded guilty or no contest to a misdemeanor that involves the misuse or theft of money or property belonging to another, fraud, forgery, dishonest acts, or breach of a fiduciary duty, that is based on any act or omission relating to the business of insurance, securities, or financial services, or that involves moral turpitude regardless of whether a judgment has been entered by the court;
(8 ) Having admitted to committing, or having been found to have committed, any insurance unfair trade act or practice or insurance fraud;
(9) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility, in the conduct of business in this state or elsewhere;
(10) Having an insurance agent license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory;
(11) Forging or causing the forgery of an application for insurance or any document related to or used in an insurance transaction;
(12) Improperly using notes , any other reference material, equipment, or devices of any kind to complete an examination for an insurance agent license;
(13) Knowingly accepting insurance business from an individual who is not licensed;
(14) Failing to comply with any official invoice, notice, assessment, or order directing payment of federal, state, or local income tax, state or local sales tax, or workers’ compensation premiums;
(15) Failing to timely submit an application for insurance. For purposes of division (B)(15) of this section, a submission is considered timely if it occurs within the time period expressly provided for by the insurer, or within seven days after the insurance agent accepts a premium or an order to bind coverage from a policyholder or applicant for insurance, whichever is later.
(16) Failing to disclose to an applicant for insurance or policyholder upon accepting a premium or an order to bind coverage from the applicant or policyholder, that the person has not been appointed by the insurer;
(17) Having any professional license or financial industry regulatory authority registration suspended or revoked or having been barred from participation in any industry;
(18 ) Having been subject to a cease and desist order or permanent injunction related to mishandling of funds or breach of fiduciary responsibilities or for unlicensed or unregistered activities;
(19) Causing or permitting a policyholder or applicant for insurance to designate the insurance agent or the insurance agent’s spouse, parent, child, or sibling as the beneficiary of a policy or annuity sold by the insurance agent or of a policy or annuity for which the agent, at any time, was designated as the agent of record, unless the insurance agent or a relative of the insurance agent is the insured or applicant;
(20) Causing or permitting a policyholder or applicant for insurance to designate the insurance agent or the insurance agent’s spouse, parent, child, or sibling as the owner or beneficiary of a trust funded, in whole or in part, by a policy or annuity sold by the insurance agent or by a policy or annuity for which the agent, at any time, was designated as the agent of record, unless the insurance agent or a relative of the insurance agent is the insured or applicant;
(21) Failing to provide a written response to the department of insurance within twenty-one calendar days after receipt of any written inquiry from the department, unless a reasonable extension of time has been requested of, and granted by, the superintendent or the superintendent’s designee;
(22) Failing to appear to answer questions before the superintendent after being notified in writing by the superintendent of a scheduled interview, unless a reasonable extension of time has been requested of, and granted by, the superintendent or the superintendent’s designee;
(23) Transferring or placing insurance with an insurer other than the insurer expressly chosen by the applicant for insurance or policyholder without the consent of the applicant or policyholder or absent extenuating circumstances;
(24) Failing to inform a policyholder or applicant for insurance of the identity of the insurer or insurers, or the identity of any other insurance agent or licensee known to be involved in procuring, placing, or continuing the insurance for the policyholder or applicant, upon the binding of the coverage;
(25) In the case of an agent that is a business entity, failing to report an individual licensee’s violation to the department when the violation was known or should have been known by one or more of the partners, officers, managers, or members of the business entity;
(26) Submitting or using a document in the conduct of the business of insurance when the person knew or should have known that the document contained a writing that was forged as defined in section 2913.01 of the Revised Code;
(27) Misrepresenting the person’s qualifications, status or relationship to another person, agency, or entity, or using in any way a professional designation that has not been conferred upon the person by the appropriate accrediting organization;
(28 ) Obtaining a premium loan or policy surrender or causing a premium loan or policy surrender to be made to or in the name of an insured or policyholder without that person’s knowledge and written authorization;
(29) Using paper, software, or any other materials of or provided by an insurer after the insurer has terminated the authority of the licensee, if the use of such materials would cause a reasonable person to believe that the licensee was acting on behalf of or otherwise representing the insurer;
(30) Soliciting, procuring an application for, or placing, either directly or indirectly, any insurance policy when the person is not authorized under this chapter to engage in such activity;
(31) Soliciting, selling, or negotiating any product or service that offers benefits similar to insurance but is not regulated by the superintendent, without fully disclosing, orally and in writing, to the prospective purchaser that the product or service is not insurance and is not regulated by the superintendent;
(32) Failing to fulfill a refund obligation to a policyholder or applicant in a timely manner. For purposes of division (B)(32) of this section, a rebuttable presumption exists that a refund obligation is not fulfilled in a timely manner unless it is fulfilled within one of the following time periods:
(a) Thirty days after the date the policyholder, applicant, or insurer takes or requests action resulting in a refund;
(b) Thirty days after the date of the insurer’s refund check, if the agent is expected to issue a portion of the total refund;
(c) Forty-five days after the date of the agent’s statement of account on which the refund first appears.
The presumption may be rebutted by proof that the policyholder or applicant consented to the delay or agreed to permit the agent to apply the refund to amounts due for other coverages.
(33) With respect to a surety bail bond agent license, rebating or offering to rebate, or unlawfully dividing or offering to divide, any commission, premium, or fee;
(34) Using a license for the principal purpose of procuring, receiving, or forwarding applications for insurance of any kind, other than life, or soliciting, placing, or effecting such insurance directly or indirectly upon or in connection with the property of the licensee or that of relatives, employers, employees, or that for which they or the licensee is an agent, custodian, vendor, bailee, trustee, or payee;
(35) In the case of an insurance agent that is a business entity, using a life license for the principal purpose of soliciting or placing insurance on the lives of the business entity’s officers, employees, or shareholders, or on the lives of relatives of such officers, employees, or shareholders, or on the lives of persons for whom they, their relatives, or the business entity is agent, custodian, vendor, bailee, trustee, or payee;
(36) Offering, selling, soliciting, or negotiating policies, contracts, agreements, or applications for insurance, or annuities providing fixed, variable, or fixed and variable benefits, or contractual payments, for or on behalf of any insurer or multiple employer welfare arrangement not authorized to transact business in this state, or for or on behalf of any spurious, fictitious, nonexistent, dissolved, inactive, liquidated or liquidating, or bankrupt insurer or multiple employer welfare arrangement;
(37) In the case of a resident business entity, failing to be qualified to do business in this state under Title XVII of the Revised Code, failing to be in good standing with the secretary of state, or failing to maintain a valid appointment of statutory agent with the secretary of state;
(38 ) In the case of a nonresident agent, failing to maintain licensure as an insurance agent in the agent’s home state for the lines of authority held in this state;
(39) Knowingly aiding and abetting another person or entity in the violation of any insurance law of this state or the rules ad
Posted: Wed Nov 10, 2010 10:04 pm Post Subject:
So now that I have some expertise in Ohio Insurance Law, notice Section (B)(1) Providing incorrect, misleading, incomplete, or materially untrue information in a license or appointment application;
This is what can also be a problem for the OP who claims they had no knowledge of a prior misdemeanor conviction. I don't believe they have no knowledge. And the Ohio Commissioner may have the same opinion and want to "talk" to the OP about it before he issues a license.
So may the insurance company compliance officer before a job offer is extended.
Posted: Thu Jun 16, 2011 04:15 am Post Subject: Ohio life insurance license renewal
Hi,
Will my non-resident life insurance in Ohio get revoked, this would be a renewal. I have a class 3 misdemeanor (April 2009) of reckless endangerment. the original charge was child abuse, spanking my son, I was given a deferred sentence on the abuse charge and convicted of reckless endangerment, no community service, served 2 yr probation.
I am licensed in all 50 states and D.C. And they all have renewed my licenses, my resident state, Colorado also renewed.
Posted: Sat Oct 08, 2011 04:12 am Post Subject: new license
I had a emt license revoked back in 2000 do I put this on the application for a new license?
Posted: Thu Mar 01, 2012 05:00 am Post Subject: CT license revocation
Can a persons insurance brokers license be revoked with a DUI conviction?
Posted: Thu Mar 01, 2012 05:00 am Post Subject: CT license revocation
Can a persons insurance brokers license be revoked with a DUI conviction?
Posted: Fri Mar 02, 2012 06:37 am Post Subject:
Possibly. Provide more information and it might be possible to provide a better answer.
Posted: Mon Jul 09, 2012 02:27 am Post Subject: pa insurance license
Will i be able to obtain my license to sell insurance in PA if a have a misdemeanor on my record?
Posted: Wed Nov 10, 2010 09:43 pm Post Subject:
A misdemeanor came up in background check which i didnt know about so it wasnt disclosed
I seriously doubt this!! Where were you when they arrested you, tried you in court, and convicted you? In another country on the same day?
This is what the insurance code means when it describes a "person lacking in integrity" and they use it as the reason to deny your license (or to revoke it).
Posted: Wed Nov 10, 2010 09:48 pm Post Subject:
Felonies are the only thing that will keep you from getting your licenses in Ohio
First thing, I'm not an expert in Ohio insurance law, but I could certainly take the time to look this up and find the sections of Ohio insurance code that prove you wrong.
Every state that I do have experience with researching their insurance codes identify certain crimes as MISDEMEANORS, such as misrepresentation and twisting. And those specific insurance misdemeanors (and others) are always listed as a reason for which a person might LOSE their insurance license. If a person can have their license revoked or suspended, then the same crime committed by an unlicensed person can prevent them from being licensed to begin with. It's seen in every state's insurance code.
Could it be missing from Ohio's. Anything is possible, but in this case, that's doubtful. In the next day or two, I'll take the time to find it and post it here.
Posted: Wed Nov 10, 2010 09:56 pm Post Subject:
Well, I'm back. As it turns out, it took about 90 seconds to find the answer. There are 39 subsections which identify reasons for which a person can have an insurance license suspended, revoked or refused in Ohio.
All of them are listed here. Contrary to the anonymous JUMPMASTER who is willing to hire any non-felonious criminal, be sure to look at the portions I've BOLDED below, and see if the word MISDEMEANOR does not appear, as I said it would:
3905.14 Disciplinary actions.
(A) As used in sections 3905.14 to 3905.16 of the Revised Code:
(1) “Insurance agent” includes a limited lines insurance agent, surety bail bond agent, and surplus line broker.
(2) “Refusal to issue or renew” means the decision of the superintendent of insurance not to process either the initial application for a license as an agent or the renewal of such a license.
(3) “Revocation” means the permanent termination of all authority to hold any license as an agent in this state.
(4) “Surrender for cause” means the voluntary termination of all authority to hold any license as an agent in this state, in lieu of a revocation or suspension order.
(5) “Suspension” means the termination of all authority to hold any license as an agent in this state, for either a specified period of time or an indefinite period of time and under any terms or conditions determined by the superintendent.
(B) The superintendent may suspend, revoke, or refuse to issue or renew any license of an insurance agent, assess a civil penalty, or impose any other sanction or sanctions authorized under this chapter, for one or more of the following reasons:
(1) Providing incorrect, misleading, incomplete, or materially untrue information in a license or appointment application;
(2) Violating or failing to comply with any insurance law, rule, subpoena, consent agreement, or order of the superintendent or of the insurance authority of another state;
(3) Obtaining, maintaining, or attempting to obtain or maintain a license through misrepresentation or fraud;
(4) Improperly withholding, misappropriating, or converting any money or property received in the course of doing insurance business;
(5) Intentionally misrepresenting the terms, benefits, value, cost, or effective dates of any actual or proposed insurance contract or application for insurance;
(6) Having been convicted of or pleaded guilty or no contest to a felony regardless of whether a judgment of conviction has been entered by the court;
(7) Having been convicted of or pleaded guilty or no contest to a misdemeanor that involves the misuse or theft of money or property belonging to another, fraud, forgery, dishonest acts, or breach of a fiduciary duty, that is based on any act or omission relating to the business of insurance, securities, or financial services, or that involves moral turpitude regardless of whether a judgment has been entered by the court;
(8 ) Having admitted to committing, or having been found to have committed, any insurance unfair trade act or practice or insurance fraud;
(9) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility, in the conduct of business in this state or elsewhere;
(10) Having an insurance agent license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory;
(11) Forging or causing the forgery of an application for insurance or any document related to or used in an insurance transaction;
(12) Improperly using notes , any other reference material, equipment, or devices of any kind to complete an examination for an insurance agent license;
(13) Knowingly accepting insurance business from an individual who is not licensed;
(14) Failing to comply with any official invoice, notice, assessment, or order directing payment of federal, state, or local income tax, state or local sales tax, or workers’ compensation premiums;
(15) Failing to timely submit an application for insurance. For purposes of division (B)(15) of this section, a submission is considered timely if it occurs within the time period expressly provided for by the insurer, or within seven days after the insurance agent accepts a premium or an order to bind coverage from a policyholder or applicant for insurance, whichever is later.
(16) Failing to disclose to an applicant for insurance or policyholder upon accepting a premium or an order to bind coverage from the applicant or policyholder, that the person has not been appointed by the insurer;
(17) Having any professional license or financial industry regulatory authority registration suspended or revoked or having been barred from participation in any industry;
(18 ) Having been subject to a cease and desist order or permanent injunction related to mishandling of funds or breach of fiduciary responsibilities or for unlicensed or unregistered activities;
(19) Causing or permitting a policyholder or applicant for insurance to designate the insurance agent or the insurance agent’s spouse, parent, child, or sibling as the beneficiary of a policy or annuity sold by the insurance agent or of a policy or annuity for which the agent, at any time, was designated as the agent of record, unless the insurance agent or a relative of the insurance agent is the insured or applicant;
(20) Causing or permitting a policyholder or applicant for insurance to designate the insurance agent or the insurance agent’s spouse, parent, child, or sibling as the owner or beneficiary of a trust funded, in whole or in part, by a policy or annuity sold by the insurance agent or by a policy or annuity for which the agent, at any time, was designated as the agent of record, unless the insurance agent or a relative of the insurance agent is the insured or applicant;
(21) Failing to provide a written response to the department of insurance within twenty-one calendar days after receipt of any written inquiry from the department, unless a reasonable extension of time has been requested of, and granted by, the superintendent or the superintendent’s designee;
(22) Failing to appear to answer questions before the superintendent after being notified in writing by the superintendent of a scheduled interview, unless a reasonable extension of time has been requested of, and granted by, the superintendent or the superintendent’s designee;
(23) Transferring or placing insurance with an insurer other than the insurer expressly chosen by the applicant for insurance or policyholder without the consent of the applicant or policyholder or absent extenuating circumstances;
(24) Failing to inform a policyholder or applicant for insurance of the identity of the insurer or insurers, or the identity of any other insurance agent or licensee known to be involved in procuring, placing, or continuing the insurance for the policyholder or applicant, upon the binding of the coverage;
(25) In the case of an agent that is a business entity, failing to report an individual licensee’s violation to the department when the violation was known or should have been known by one or more of the partners, officers, managers, or members of the business entity;
(26) Submitting or using a document in the conduct of the business of insurance when the person knew or should have known that the document contained a writing that was forged as defined in section 2913.01 of the Revised Code;
(27) Misrepresenting the person’s qualifications, status or relationship to another person, agency, or entity, or using in any way a professional designation that has not been conferred upon the person by the appropriate accrediting organization;
(28 ) Obtaining a premium loan or policy surrender or causing a premium loan or policy surrender to be made to or in the name of an insured or policyholder without that person’s knowledge and written authorization;
(29) Using paper, software, or any other materials of or provided by an insurer after the insurer has terminated the authority of the licensee, if the use of such materials would cause a reasonable person to believe that the licensee was acting on behalf of or otherwise representing the insurer;
(30) Soliciting, procuring an application for, or placing, either directly or indirectly, any insurance policy when the person is not authorized under this chapter to engage in such activity;
(31) Soliciting, selling, or negotiating any product or service that offers benefits similar to insurance but is not regulated by the superintendent, without fully disclosing, orally and in writing, to the prospective purchaser that the product or service is not insurance and is not regulated by the superintendent;
(32) Failing to fulfill a refund obligation to a policyholder or applicant in a timely manner. For purposes of division (B)(32) of this section, a rebuttable presumption exists that a refund obligation is not fulfilled in a timely manner unless it is fulfilled within one of the following time periods:
(a) Thirty days after the date the policyholder, applicant, or insurer takes or requests action resulting in a refund;
(b) Thirty days after the date of the insurer’s refund check, if the agent is expected to issue a portion of the total refund;
(c) Forty-five days after the date of the agent’s statement of account on which the refund first appears.
The presumption may be rebutted by proof that the policyholder or applicant consented to the delay or agreed to permit the agent to apply the refund to amounts due for other coverages.
(33) With respect to a surety bail bond agent license, rebating or offering to rebate, or unlawfully dividing or offering to divide, any commission, premium, or fee;
(34) Using a license for the principal purpose of procuring, receiving, or forwarding applications for insurance of any kind, other than life, or soliciting, placing, or effecting such insurance directly or indirectly upon or in connection with the property of the licensee or that of relatives, employers, employees, or that for which they or the licensee is an agent, custodian, vendor, bailee, trustee, or payee;
(35) In the case of an insurance agent that is a business entity, using a life license for the principal purpose of soliciting or placing insurance on the lives of the business entity’s officers, employees, or shareholders, or on the lives of relatives of such officers, employees, or shareholders, or on the lives of persons for whom they, their relatives, or the business entity is agent, custodian, vendor, bailee, trustee, or payee;
(36) Offering, selling, soliciting, or negotiating policies, contracts, agreements, or applications for insurance, or annuities providing fixed, variable, or fixed and variable benefits, or contractual payments, for or on behalf of any insurer or multiple employer welfare arrangement not authorized to transact business in this state, or for or on behalf of any spurious, fictitious, nonexistent, dissolved, inactive, liquidated or liquidating, or bankrupt insurer or multiple employer welfare arrangement;
(37) In the case of a resident business entity, failing to be qualified to do business in this state under Title XVII of the Revised Code, failing to be in good standing with the secretary of state, or failing to maintain a valid appointment of statutory agent with the secretary of state;
(38 ) In the case of a nonresident agent, failing to maintain licensure as an insurance agent in the agent’s home state for the lines of authority held in this state;
(39) Knowingly aiding and abetting another person or entity in the violation of any insurance law of this state or the rules ad
Posted: Wed Nov 10, 2010 10:04 pm Post Subject:
So now that I have some expertise in Ohio Insurance Law, notice Section (B)(1) Providing incorrect, misleading, incomplete, or materially untrue information in a license or appointment application;
This is what can also be a problem for the OP who claims they had no knowledge of a prior misdemeanor conviction. I don't believe they have no knowledge. And the Ohio Commissioner may have the same opinion and want to "talk" to the OP about it before he issues a license.
So may the insurance company compliance officer before a job offer is extended.
Posted: Thu Jun 16, 2011 04:15 am Post Subject: Ohio life insurance license renewal
Hi,
Will my non-resident life insurance in Ohio get revoked, this would be a renewal. I have a class 3 misdemeanor (April 2009) of reckless endangerment. the original charge was child abuse, spanking my son, I was given a deferred sentence on the abuse charge and convicted of reckless endangerment, no community service, served 2 yr probation.
I am licensed in all 50 states and D.C. And they all have renewed my licenses, my resident state, Colorado also renewed.
Posted: Sat Oct 08, 2011 04:12 am Post Subject: new license
I had a emt license revoked back in 2000 do I put this on the application for a new license?
Posted: Thu Mar 01, 2012 05:00 am Post Subject: CT license revocation
Can a persons insurance brokers license be revoked with a DUI conviction?
Posted: Thu Mar 01, 2012 05:00 am Post Subject: CT license revocation
Can a persons insurance brokers license be revoked with a DUI conviction?
Posted: Fri Mar 02, 2012 06:37 am Post Subject:
Possibly. Provide more information and it might be possible to provide a better answer.
Posted: Mon Jul 09, 2012 02:27 am Post Subject: pa insurance license
Will i be able to obtain my license to sell insurance in PA if a have a misdemeanor on my record?
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