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Wandering the severity of me checking no to no misdemeanors…

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Wandering the severity of...

Wandering the severity of me checking no to no misdemeanors on a my life insurance application I did a background check when I originally got my insurance license they found it years later and are now wanting to a hearing should I be worried about losing my insurance license

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: What steps have you taken so far?

I set up my 30-day notice of hearing where I could show up and either by myself or with an attorney and explain what happened and why I checked the mailbox when I did have misdemeanors it was a mistake that I kept on making because I figured they would catch it in the background check so I knowingly definitely check no but the lawyers are acting like I'm on trial for murder

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not off hand

Submitted: 1 month ago.Category: Legal
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Answered in 3 minutes by:
3/15/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,279
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It could be deemed fraud and misrepresentation in the application if they can prove that you knowingly did not report the misdemeanor to them. It is actually a serious offense because misrepresentation on an insurance application license shows dishonesty which is grounds alone to revoke your license regardless of what the charge was.

You should be very worried about this and if they prove you knowingly did not report, you can lose your license for life.

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Customer reply replied 1 month ago
See that's why I can't stand this shit I already knew all that my question is how often do you know what you probably don't know I wonder how often this happens and how often when it does happen to people actually get revoked I'm pretty sure the state would probably rather have fines and cost then they revoke my insurance license considering I've never had a complaint or any other administrative hearing in the 11 years so you told me what I already knew
Lawyer: Law Educator, Esq., Attorney replied 1 month ago

Thank you for your reply. Sorry that you already "knew all this s***" that you did not tell me. I am sorry I did not know what you failed to tell me.

You think that the state will just fine you, but you lied intentionally on an insurance application, this is more than a fine I am afraid. Of course you would hope to have fines, but you need to face reality in that the chances of of just a fine when you intentionally misrepresented not just one time but continually is really slim. From handling these cases, both with state bars, CPA boards and Insurance commissions, intentional misrepresentation of an arrest record is something they take seriously as it goes to the honesty of the applicant and that is more serious than a slap on the wrist and a fine so please do not try to convince yourself otherwise.

Next time you ask someone a question, full disclosure is appropriate, because since you did not give full disclosure as to what you knew or did not know, that leads to you making statements like you did above, when it is not our fault we did not know what you knew.

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Customer reply replied 1 month ago
Right on it's just BS I'd rather ask me to cut them a check cuz you know and I know this world money is all people seem to care about at the end of the day my whole argument is this I've never had a complaint from a insurance company I've never had a complaint from someone I sold Insurance to a never had a complaint. In 11 years so for them to not feel that they took an error by not checking and finding out in 07 that I had misdeamonors why am I the only person liable I exposed and check the Us and other multiple States they had no problem so just doesn't seem fair seems like a system a process and if they revoke it il appeal it what my other option spend 5 6 grand and still get revoked I know what I saw you can't see its money but man you guys get the collect money for just like helping shit happens least I know someone's going to die life insurance is not tangible but damn least it's for sure unlike shopping for an attorney
Lawyer: Law Educator, Esq., Attorney replied 1 month ago

Thank you for your reply.

The issue is that an insurance agent, like a lawyer and a CPA, has fiduciary responsibilities, positions of trust. This goes to the very core of that honesty. So you would have to prove that there is a good cause reason you did not disclose showing you did not know there was a conviction, they are going to come after you on the honesty issue.

In most cases, misdemeanors other than misdemeanors regarding theft or fraud, are not automatic disqualifiers and it is the failure to report, not the misdemeanor itself that is grounds for revocation. You cannot try to put the blame on them for you failing to disclose, I am afraid that will blow up on you in front of the insurance commission as they will hold you liable for your own actions regardless of their actions.

I have had even attorneys lose not just their license, but hundreds of thousands in law school loans for failure to report a minor misdemeanor that would not have caused them to lose their license had they reported it. It is the failure to report intentionally that is the biggest issue to them.

You can spend money on an attorney, but you can make the same arguments as the attorney will make to the commission and beg for a fine and a suspension and not a revocation, which is all the attorney can do for you as well based on the information you posted about the incident here.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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