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Matthew F Gains Default Judgement and Order

Order
Tuesday, October 15, 2019
Docket No. 18-054-I

STATE OF VERMONT

DEPARTMENT OF FINANCIAL REGULATION 

IN RE:  MATTHEW F. GANIS                  )           DOCKET NO. 18-054-I

               NPN # 2778906                               )

DEFAULT JUDGMENT AND ORDER

 

Findings of Fact

1.         Respondent, MATTHEW F. GANIS, whose address of record is 904 W. Georgia Ave., Phoenix, AZ, 85013, was issued a resident producer license in the State of Arizona on December 22, 1998.

2.         Respondent was issued Vermont non-resident producer license # 701312 on June 2, 2010, which license currently has an expiration date of March 31, 2019.

3.         Respondent no longer holds his resident producer license in Arizona.

 

Conclusions of Law

4.         Pursuant to 8 V.S.A. § 4804(a)(2), the Commissioner has the authority to revoke a non-resident license if, after notice and opportunity for hearing, he finds a condition now exists for which the licensee’s license could have been refused had the condition existed at the time of issuance. 

5.         Pursuant to 8 V.S.A. § 4813h, the Commissioner’s issuance of a non-resident producer license is predicated upon the licensee having a resident producer license in good standing in the licensee’s home state.

6.         Pursuant to 8 V.S.A. § 4804(a)(2), the Commissioner has the authority to revoke a non-resident license if, after notice and opportunity for hearing, he finds the licensee’s license is not in good standing in his or her home state.

7.         Pursuant to 8 V.S.A. § 15 the Commissioner may issue orders necessary to the administration of and to carry out the purposes of Title 8 of the Vermont Statutes.

8.         Respondent, pursuant to Section 5(a) of Regulation 82-1 (Revised)

(“Regulation 82-1”), was required to file an answer no later than 30 days after the date of service of the petition in this contested case.

9.         Section 12 of Regulation 82-1 provides, that where a Respondent, against

 whom a pleading initiating a contested case has been properly served, fails to answer within the time-period specified in Section 5(a) or fails to defend the charge, the Petitioner may move for a decision by default. The Commissioner may render a decision by default at any time after the passage of ten days from the date of filing and service of the motion for default, whereupon the Commissioner may issue any applicable order.        

10.       Section 5(b) of Regulation 82-1 provides, that if a Respondent fails to serve an answer timely, the allegations contained in the pleading that initiated the contested case will be treated as proven and a default judgment may be entered as provided in Section 12 of this regulation.

11.       Respondent has failed to respond to the Insurance Division’s Motion for Default Judgment and ten (10) days have passed since the time of the filing of the motion.

ORDER

IT IS HEREBY ORDERED THAT:

1.         A Default Judgment is entered against Respondent pursuant to Section

12 of Regulation No. 82-1 and a decision by default is rendered.

The non-resident producer license of MATTHEW F. GANIS, license # 701312, is hereby revoked, effective immediately.

3.         Respondent shall, pursuant to 8 V.S.A.§ 4806, forthwith deliver his license to the Department by personal delivery or by mail.

 
Dated at Montpelier, Vermont this ____ day of October 2019.

 

______________________________________

Michael S. Pieciak, Commissioner

Vermont Department of Financial Regulation    

STATE OF VERMONT

DEPARTMENT OF FINANCIAL REGULATION

                                                                        )

IN RE:  MATTHEW F. GANIS                  )           DOCKET NO. 18-054-I

               NPN # 2778906                               )

 

CERTIFICATE OF SERVICE

            I hereby certify that on the _____ day of October, I served the Default Judgment and Order in the above-captioned matter by causing the same to be mailed to Respondent by certified mail, return receipt requested, at his address of record, 904 W. Georgia Ave., Phoenix, AZ, 85013.

Dated at Montpelier, Vermont this ____ day of October 2019.

                                                                                   

Department of Financial Regulation

 

By:_________________________________

Karla Nuissl   

Assistant General Counsel

89 Main Street

Montpelier, VT  05620-3101

(802) 828-2963

Karla.Nuissl@vermont.gov

 

Contact Information

Department of Financial Regulation
Commissioner Michael Pieciak
89 Main Street, Montpelier, VT 05620 - 3101
802-828-3301
833-DFR-HOTLINE

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