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STATE OF VERMONT
DEPARTMENT OF FINANCIAL REGULATION
)
IN RE: KATHRYN RODRIGUEZ ) docket no. 19-061-I
VT LICENSE # 645506 )
NPN # 9195664 )
)
DEFAULT JUDGMENT AND ORDER
I.FINDINGS OF FACT
Respondent Kathryn Rodriguez (“Respondent”) holds Vermont non-resident property and casualty adjuster license # 645506.
On March 8, 2019, the Commissioner of the Indiana Department of Insurance issued an Administrative Order Notice of Nonrenewal of License to Respondent (“the Indiana Order”).
The Indiana Order states that “[i]n the course of Respondent’s employment at Sedgwick Claims Management’s office in Hoffman Estates, IL, Respondent, by her own admission, rendered impermissible assistance to coworkers while they were taking the Indiana independent adjuster’s licensing exam.”
The Indiana Order states that Indiana Code “prohibits using notes or other reference material to complete an examination for an adjuster’s license” and that “Respondent’s conduct in the course of her employment with Sedgwick constitutes a violation of Indiana Code.”
The Indiana Order states that Respondent’s Indiana adjuster’s license expired on February 28, 2019 and puts Respondent on notice that her license would not be renewed due to her provision of impermissible assistance to coworkers.
On December 27, 2019, the Insurance Division served upon Respondent the Petition for Revocation of License (“the Petition”) and Notice of Right to Request Hearing (“the Notice”) filed in the above-captioned matter.
As of the effective date of this Default Judgment and Order, more than 30 days after service of the Petition and Notice, no answer, request for a hearing, or other defense to the Petition has been received by the Insurance Division from Respondent.
More than 10 days have passed since the Insurance Division filed a motion for default judgment in the above-captioned matter and served the motion on Respondent.
II.CONCLUSIONS OF LAW
Because Respondent admitted to rendering impermissible assistance to coworkers while they were taking the Indiana independent adjuster’s licensing exam, conduct that constitutes fraudulent and dishonest practices and shows her to be untrustworthy as an adjuster, revocation of her Vermont adjuster license is authorized pursuant to 8 V.S.A. § 4804(a)(9).
Because Respondent’s conduct identified in Paragraph 12, above, had it existed and been known at the time of her license issuance, would have been cause for refusal of the license, revocation of her Vermont adjuster license is authorized pursuant to 8 V.S.A. § 4804(a)(2).
Because Respondent violated Indiana’s insurance laws, resulting in non-renewal of her Indiana adjuster’s license, revocation of her Vermont adjuster license is authorized pursuant to 8 V.S.A. § 4804(a)(3).
Because no answer, request for a hearing, or other defense to the Petition has been received by the Insurance Division from Respondent, and as more than 10 days have passed since the Insurance Division filed a motion for default judgment, the allegations contained in the Petition are treated as proven and a default judgment may be entered in the above-captioned matter, pursuant to Sections 5 and 12 of the Vermont Department of Financial Regulation (formerly known as the Vermont Department of Banking, Insurance, Securities and Health Care Administration) Hearing Procedures, identified as Regulation 82-1.
Based on the findings of fact and conclusions of law set forth above, a default judgment is entered against Respondent and it is hereby ordered that the Vermont non-resident property and casualty adjuster license # 645506 of Respondent Kathryn Rodriguez is revoked, effective immediately.
Dated at Montpelier, Vermont this ______ day of ____________ 2020.
By: ________________________________
Michael S. Pieciak
Commissioner of Financial Regulation
Vermont Department of Financial Regulation