Legal Opinion

McCloskey v. Department of Financial Services

District Court of Appeal of Florida

Decided June 21, 2013No. 5D12-2872PublishedCited by 2 opinions

1Opinion of the Court

APTE, A.S., Associate Judge.

William McCloskey seeks review of a final order of the Department of Financial Services (“the Department”), which suspended his insurance licenses for six months for selling viatical settlement1 purchase agreements that were not registered as securities. We reverse and remand.

In 2011, the Department filed a three-count administrative complaint against McCloskey alleging he violated various sections of chapter 626, Florida Statutes (2003), which regulate the conduct of insurance agents. Specifically, the complaint alleged that between December 2003 and March 2004,…

2Cases cited7 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Lester v. Dept. of Prof. & Occ. RegulationsDistrict Court of Appeal of Florida · 1977
  3. Farag v. Nat. Databank Sub., Inc.District Court of Appeal of Florida · 1984
  4. Accelerated Benefits Corp. v. Department of InsuranceDistrict Court of Appeal of Florida · 2002
  5. Kligfeld v. STATE, OFFICE OF FINANCIAL REG.District Court of Appeal of Florida · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. McCloskey v. Department of Financial ServicesDistrict Court of Appeal of Florida · 2015
  2. Rollas v. Dept. of Business & Professional Reg.District Court of Appeal of Florida · 2018

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