Administrative Law — insurance licenses

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Wisconsin Court of Appeals

Civil

Administrative Law — insurance licenses

Michael Dermody appeals an order affirming the decision of the Office of the Commissioner of Insurance (OCI). The Commissioner found that Michael violated various subsections of Wis. Stat. ch. 628 (2011-12), which govern the conduct of insurance intermediaries. As pertinent to this appeal, the Commissioner found that Michael violated ch. 628 by selling insurance policies to Lyle and Elayne Bolender after his insurance license had been revoked; by making false representations to Cynthia Marino; and by selling insurance policies to Stephen and Susan Tinus after his insurance license had been revoked. As a result, the Commissioner prohibited Michael from reapplying for his insurance license for five years, and ordered Michael to pay restitution and a forfeiture. Michael appealed to the circuit court, and the circuit court affirmed the Commissioner’s decision.

On appeal to this court, Michael argues that the Commissioner erred in basing the decision on credibility determinations and factual findings that were not supported by substantial evidence, and that a remand to OCI was required by Wis. Stat. § 227.57(4), because there were various “material errors of procedure” that compromised the fairness of the proceedings. For the reasons set forth below, we affirm. Not recommended for publication in the official reports.

2013AP1024 Dermody v. Commissioner of Insurance

Dist IV, Dane County, Remington, J., Kloppenburg, J.

Attorneys: For Appellant: Ehlke, Bruce F., Madison; For Respondent: Olsen, Bruce A., Madison