INSURANCE COMMISSIONER OF * BEFORE THE
THE STATE OF MARYLAND
MARYLAND INSURANCE * MARYLAND INSURANCE
525 St. Paul Place * ADMINISTRATION
Baltimore, Maryland 21202-2272
DOROTHY FAYE MORTIMER
3575 Elsa Avenue *
Waldorf, Maryland 20603
* Order No. MIA-2004-06-067
* * * * * * * * * * * * *
CEASE AND DESIST ORDER
The Maryland Insurance Commissioner (“the Commissioner”), pursuant to Maryland
Code Annotated, Insurance Article (the “Insurance Article”) §§ 2-201, 2-204 and all other
applicable sections, hereby ORDERS Dorothy Faye Mortimer ( “Mortimer”) to cease and
desist from engaging in the business of insurance without the Commissioner’s consent and
cease from selling, procuring and negotiating insurance products in Maryland without the
requisite certificate of qualification or license.
As the basis for this Order, the Commissioner states as follows:
1. Any person who acts as an insurance producer in this State must obtain a
license in the kind of insurance for which the person intends to act pursuant to § 10-103. 1
2. It is a violation § 4-205 for any person to do any acts of an insurance
business without the specific authorization of the statute. Thus, a person may not take or
receive an application for insurance, receive or collect premiums, commissions or other
consideration for insurance, nor deliver an insurance contract to a resident of the State
without prior authorization of the Commissioner.
3. Pursuant to 18 U.S.C. §1033(e)(1)(A), any individual who has been
convicted of any criminal felony involving dishonesty or breach of trust must have the
written consent (“waiver”) of the Commissioner prior to engaging in the business of
insurance. Section 1033(e)(1)(B) of Title 18 of the United States Code provides that “any
individual who is engaged in the business of insurance whose activities affect interstate
commerce and who willfully permits the participation described in subparagraph (A)
shall be fined as provided in this title or imprisoned not more than 5 years, or both.”
4. Mortimer held a license from the Administration to act as an insurance
producer in the State of Maryland from July 19, 1989 until it expired on June 30, 2001.
5. On December 18, 2001, Mortimer was convicted in the Circuit Court for
Prince George’s County of, inter alia, the felony of misappropriation of insurance
premiums valued at more than $300.00. Mortimer’s conviction involved dishonesty and
breach of trust. Additionally, on information and belief, Mortimer previously pled guilty
to misappropriation of insurance premiums.
6. In 2004, the Administration received a complaint from a Maryland resident
who had recently purchased insurance through Mortimer.
All statutory references are to the Maryland Code Annotated, Insurance Article unless otherwise stated.
7. The Administration’s investigation revealed that Mortimer was engaged in
the business of insurance and was negotiating and selling insurance products in Maryland
without a license. For example, Dorothy Mortimer was collecting premiums for
insurance she was selling without a license and not sending those premiums to the
insurance companies she claimed to be representing
8. As a result of Mortimer’s actions, several Maryland residents suffered
financial injury and harm.
9. Mortimer operated out 5625 Allentown Road, Suite 105, Suitland,
Maryland 20746, first for Callis & Faulkner Insurance, Inc. and then later for Mortimer &
Associates Insurance, Inc., through at least March of 2004.
10. Mortimer has not held a license from the Administration to act as an
insurance producer since June 30, 2001. Similarly, at no time has Mortimer applied for
or received a Waiver from the Commissioner to engage in the business of insurance in
ACCORDINGLY, for the reasons set forth above, it is this 25th day of June,
2004 ORDERED that :
1. Dorothy F. Mortimer immediately cease and desist from engaging in the
business of insurance in the state of Maryland; and
2. Dorothy F. Mortimer immediately cease and desist from selling, procuring
and negotiating insurance products in Maryland without the requisite certificate of
qualification or license; and
3. This Order is effective on the 25th day of June, 2004.
4. This Order does not operate to preclude the Administration from taking any
other administrative, civil or criminal action for violations of the Insurance Code against
Mortimer, nor does it operate to preclude the Administration form taking other
Administrative action based on any violation of this Order.
BY THE ORDER OF:
MARYLAND INSURANCE COMMISSIONER
ALFRED W. REDMER, JR.
Signature on file with original
P. TODD CIONI
COMPLIANCE & ENFORCEMENT UNIT
RIGHT TO REQUEST A HEARING
Pursuant to COMAR 31.02.01.03 and COMAR 31.02.02.03, you may request a
hearing on this Order. A request for a hearing must be made in writing and received by
the Maryland Insurance Administration within thirty (30) days of the date of this Order.
The request must be addressed to the Maryland Insurance Administration, 525 St. Paul
Place, Baltimore, Maryland 21202. Attention: Amy Stupi, Appeals Clerk. Failure to
request a hearing in a timely fashion, or to appear at a scheduled hearing, will result in a
waiver of your right to contest the Commissioner’s action, and the Order will be final on
the effective date. If you request a hearing within ten (10) days after service of this
Order, the effective date of the Order will be stayed until the matter is adjudicated.