Insurance Council of British Columbia

In the Matter of The FINANCIAL INSTlTU110NS ACT (the"Act") (RSBC 1996, col 41)

and THE INSURANCE COUNCIL OF BRITISH COLUMBIA ("Council")

and EWEN RUTH FANG (the "Licensee")

DECISION AND ORDER UNDER SECTIONS 231 & 238 OF THE ACT

WHEREAS the Licensee is a Level 1 general insurance salesperson with authority to represent Roswell Insurance Agc;ncy Inc. CRoswcll");

AND WHEREAS the Licenscc is the sole owner, director and omcer of Roswell; AND WHEREAS Council commenced an investigation pursuant to section 232 of the Act, relating to allegations that: the Licensee attempted to bribe an employee of the Insurance Corporation of British Columbia CICBC") in an effort to obtain information maintained in the ICBC database; and the Licensee accessed ICBC's database in an unauthorized manner;

AND WHEREAS the Licensee met with an Investigative Review Committee of Council on April 20, 2009, to discuss an investigation report on the matter;

AND WHEREAS an investigation report on the matter was presented to Council on June 1,2009, and based on the report, which had been provided to the Licensee, Council found that the Licensee had attempted to bribe an ICBC employee; she had also accessed ICBC's database in an unauthorized manner; and the Licensee had not acted in a trustworthy manner, in good faith and in accordance with the usual practice of the business of insurance;

AND WHEREAS Council notified the Licensee by way of an intended decision, dated June 16,2009, that it intended to suspend her licence for one year, fine her an amount of $2,500.00, and require that she take a course on ethics CIntended Decision");

AND WHEREAS the Licensee requested a hearing on the matter;

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238 ORDER Ewell Rilth Fang File Numher: 115061-1496 Page 2 01'3

AND WHEREAS following the issuance of the Intended Decision, Council received additional information relating to the allegations contained in the Intended Decision, which indicated the Licensee knowingly facilitated the illegitimate transfer of ownership and placement of insurance on a vehicle, to hclp the vehicle's true owner circumvent an outstanding ICBC debt and eontinuc using her vehicle ("New Information");

AND WHEREAS a hearing was scheduled to commence on Novcmber 18,2009, pursuant to the Licensee's request, to rcview the findings of the Intended Decision and the New Information:,

AND WHEREAS the hearing was adjourned the day prior to its scheduled date, at the request of the Licensee, due to illness;

AND WHEREAS the additional concerns pertaining to the New 1nformation were brought to the attention of Council on January 15,2010, and Council found these concerns to be as or more serious than those related to the attcmptcd bribery and unauthorized database access;

AND WHEREAS a hearing on all of the aforementioned matters has yet to be scheduled because the Licensee has obtained new legal counsel who requires lime to prepare for the hearing;

AND WIU:REAS Council determined the length of time that will transpire bcl~)re these 111aiters will be considered at a hearing would be detrimental to the due administration of the Act;

AND WHEREAS Council considers it to be in the public interest to have the Licensee's insurance activities strictly monitored pending disposition of these maiters;

NOW THEREFORE Council orders that the following condition is imposed on the Licensee's Levcl 1 general insurancc salesperson's licence effective ,January 15,2010:

1, 'fhe Licensee is prohibited from engaging in insmance business as a Level 1 general insurance salesperson or from attending the office of Roswelllnsurance Agency Inc, ("RoswelJ"), except when a nominee of Roswell is present and the Lieensee's activities are supervised by the nominee,

TAKE NOnCE that pursuant to section 238 of the Act, the Licensee has the right to request a hearing on this order before Council hy delivering written notice within 14 days of receipt of this order to Couneil at Suite 300- 1040 West Georgia Street, Vancouver, British Columbia, V6E 4111; alternatively, the Licensee may appeal this order directly to the Financial Serviees Tribunal,

238 ORDER Ewen Ruth Fang File Number: 115061-1496 Page 3 of3

Dated in Vancouver, British Columbia, on the IS day of -J---fltvi(/t/lv/" 2010. =1~&~

Chairperson, Insurance Council of British Columbia

Graham Calder, CFP, CW, ChFC, RHU