Ganter v. Department of Insurance

I agree that the Department of Insurance is obligated by the applicable case and statutory law to prove that Ganter personally “knew or should have known” of the alleged acts of misconduct committed by his salesman Schetina. Under the authorities cited in the majority opinion, the Department of Insurance is authorized to impose civil penalties involving the suspension or revocation of a person’s license to engage in an occupation only upon proof by clear and convincing evidence that the licensee personally participated in alleged acts of misconduct or, when the alleged acts of misconduct are…