Download Cease and Desist Order on Deceptive Ads by Mike Huddleston Roofing and more Summaries Business in PDF only on Docsity! 2019- 5943 No. ___________ Official Order of the Texas Commissioner of Insurance Date: APR 2 52019 Subject Considered: - Mike Huddleston Roofing Systems 1285 North Main St., Suite 201 Mansfield, Texas 76063 Consent Cease and Desist Order TDI Enforcement File No. 14471 General remarks and official action taken: The subject of this order is whether a cease and desist order should be issued against Mike Huddleston Roofing Systems (Huddleston Roofing). Waiver Huddleston Roofing acknowledges that the Texas Insurance Code and other applicable law provide certain rights. Huddleston Roofing waives all of these rights, and any other applicable procedural rights, in consideration of the entry of this consent order. The following findings of fact and conclusions of law are adopted: Findings of Fact Roofing Contractor 1. Huddleston Roofing is a roofing contractor business owned by Mike Huddleston (Huddleston) and located at 1285 North Main Street, Suite 201, Mansfield, Texas 76063. 2019- 5943 Commissioner’s Order Mike Huddleston Roofing Systems Page 2 of 5 2. Neither Huddleston Roofing nor Huddleston or any employees of Huddleston Roofing hold any license issued by the Texas Department of Insurance. Deceptive and Misleading Advertisement 3. In the aftermath of Hurricane Harvey, the department received information that Huddleston Roofing had engaged in improper and deceptive advertising. 4. Huddleston Roofing represented on its business card that it was affiliated with and/or approved by the “Texas Department of Insurance.” 5. TDI staff doing field work to assist consumers following Hurricane Harvey discovered that Huddleston Roofing was distributing this business card to consumers. 6. Upon notification by TDI, Huddleston Roofing fully cooperated with TDI and removed the language from its business cards. Huddleston Roofing agrees to comply with all insurance laws in the future. Conclusions of Law 1. The commissioner has jurisdiction over this matter pursuant to TEX. INS. CODE § 82.051-82.055, 101.101-101.156, and Ch. 541, and 28 TEX. ADMIN. CODE § 21.104. 2. The commissioner has authority to dispose of this case informally pursuant to TEX. Gov’T CODE § 2001.056; TEX. INS. CODE § 82.055; and 28 TEX. ADMIN. CODE § 1.47. 3. Huddleston Roofing has knowingly and voluntarily waived all procedural rights to which it may have been entitled regarding the entry of this order, including, but not limited to, issuance and service of notice of intention to institute disciplinary action, notice of hearing, a public hearing, a proposal for decision, rehearing by the commissioner, and judicial review. 4. Huddleston Roofing violated TEX. INS. CODE § 541.052(a) by making, publishing, disseminating, circulating, or placing before the public or directly or indirectly causing to be made, published, disseminated, circulated, or placed before the public an advertisement, announcement, or statement containing an untrue, deceptive, or misleading assertion, representation, or statement regarding the
