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IN THE MATTER OF the Insurance Act, RSO 1990, c. I.8, as amended (the “Act”), in particular sections 439 and 441;
AND IN THE MATTER OF Michael Wetzel (“Wetzel”).
CEASE AND DESIST ORDER
On March 20, 2020, the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario (“Chief Executive Officer”) made a Report and issued a Notice of Proposal to order Wetzel to cease and desist from engaging in the business of insurance for a period of six months for engaging in unfair or deceptive acts or practices contrary to section 439 of the Act. Wetzel, who is not a licensee, was previously employed by an insurer as an insurance appraiser.
The Notice of Proposal was personally served on Wetzel on August 31, 2020. Section 441(3) of the Act provides that any person on whom a Notice of Proposal is delivered has fifteen (15) days after the Notice of Proposal is received to request a hearing by the Financial Services Tribunal (the “Tribunal”).
On October 27, 2020, the Registrar of the Tribunal confirmed that Wetzel did not request a hearing by the Tribunal in accordance with section 441(3) of the Act respecting Notice of Proposal. Therefore, pursuant to section 441(7) of the Act, and by delegated authority from the Chief Executive Officer, the Director, Litigation and Enforcement, makes the following order.
It is hereby ordered that Michael Wetzel immediately cease and desist from engaging in the business of insurance for a period of six (6) months from the date of this order, for the reasons set out in the Notice of Proposal. Specifically, Michael Wetzel shall:
a. Immediately cease and desist charging for any work performed if it is reasonable to expect that all or a portion of such charges will be directly or indirectly paid for by an insurer;
b. Immediately cease and desist from accepting any fees, funds, or anything of value for any work performed if it is reasonable to expect that all or a portion of such fees, funds, or thing of value will be directly or indirectly paid for by an insurer;
c. Immediately cease and desist from holding themselves out to consumers as being authorized to perform any work that will be directly or indirectly paid for by an insurer; and
d. Immediately cease and desist from advertising, soliciting, or offering any services related to any work that that will be directly or indirectly paid for by an insurer.
DATED at Toronto, Ontario, 2020.
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Elissa Sinha, Director of Litigation & Enforcement
Financial Services Regulatory Authority of Ontario
By delegated authority from the Chief Executive Officer
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