Business ProfileforGo Maps, Inc.

The Commissioner issues this order and adopts the application’s “Statement of Charges” attached as Exhibit A, and the supplement’s “Statement of Charges,” attached as Exhibit B. The Commissioner believes, based on the application and supplement, that:

1. Go/Peachtree presents an immediate danger to the public if it does not immediately cease and desist from the conduct detailed in the application.

2. Go/Peachtree is in a hazardous financial condition: a. Go/Peachtree is impaired and b. Go/Peachtree has not timely filed a financial statement.

3. Go/Peachtree is not timely and appropriately handling or paying claims.

4. Go/Peachtree’s conduct is reasonably expected to cause significant, imminent, and irreparable harm to its policyholders and claimants because the company is in a hazardous financial condition and is not timely and appropriately handling or paying claims.

5. Go/Peachtree’s conduct is fraudulent or involves engaging in unfair and deceptive trade practices involving claims handling and payments.

6. Go/Peachtree has violated various Texas laws, including, but not limited to: a. failing to maintain minimum capital and surplus to operate as a Texas insurance company under TEX. INS. CODE §§ 404.051-404.053, 822.054; b. failing to file a required financial statement under TEX. INS. CODE §§ 802.001- 802.056 and 861.254, 28 TEX. ADMIN. CODE § 7.68; c. operating in a hazardous financial condition under 28 TEX. ADMIN. CODE § 8.3; d. failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement of a claim with respect to which the insurer’s liability has become reasonably clear, as prohibited by TEX. INS. CODE § 541.060(a)(2); e. failing to affirm or deny coverage within a reasonable time, as prohibited by TEX. INS. CODE § 541.060(a)(4); f. failing to provide notice of acceptance or rejection of a claim not later than the 15th business day after the insurer receives information required to secure final proof of loss as required by TEX. INS. CODE § 542.056; g. failing to pay a claim not later than the fifth business day after notice is made as required by TEX. INS. CODE § 542.057; h. failing to timely pay claims when it had received all information reasonably requested and required to pay the claim as required by TEX. INS. CODE § 542.058; and, i. failing to timely respond to a written request for information as required by TEX. INS. CODE § 38.001. 

The Commissioner orders Go/Peachtree to immediately cease and desist the following:

1. operating under any trade name in Texas which has not been filed with and approved by TDI;

2. advertising all insurance products in Texas under any trade name in Texas which has not been filed with and approved by TDI;

3. selling all insurance products in Texas under any trade name in Texas which has not been filed with and approved by TDI;

4. processing applications for all insurance products in Texas under any trade name in Texas which has not been filed with and approved by TDI;

5. accepting any premium or consideration for all insurance products in Texas, with the exception of accepting premium or consideration for statutory renewals as contemplated in TEX. INS. CODE § 551.106(b), under any trade name in Texas which has not been filed with and approved by TDI; 

6. issuing an insurance policy in Texas, with the exception of statutory renewals required by TEX. INS. CODE § 551.106(b), under any trade name in Texas which has not been filed with and approved by TDI;

7. rescinding an insurance policy in Texas except as authorized by Texas law;

8. cancelling an insurance policy in Texas, except at the authorization of the insured or as authorized by Texas law;

9. failing to pay claims as they arise in accordance with Texas law;

10. refusing to pay a claim without conducting a reasonable investigation with respect to a claim;

11. failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement of a claim with respect to which Go/Peachtree’s liability has become reasonably clear;

12. failing to affirm or deny coverage of a claim to policyholder within a reasonable time;

13. failing to provide notice of acceptance or rejection of a claim not later than the 15th business day after Go/Peachtree receives information required to secure final proof of loss;

14. failing to pay claims not later than the fifth business day that notice of claim payment is made;

15. failing to pay a claim timely after receiving all items, statements, and forms reasonably requested and required;

16. engaging in any unfair claims settlement practices, as those practices are defined in Chapters 541 and 542 of the Texas Insurance Code;

17. failing to timely file required financial statements; and

18. failing to timely file require documentation to request commissioner approval of a revised name and domiciliary state information. 

The Commissioner issues this order under the authority in Texas Insurance Code, Chapter 83 and 28 Texas Administrative Code, Subchapter H. This order is final on the 61st day after it is served, unless Go/Peachtree requests a hearing under TEX. INS. CODE § 83.053. The burden of requesting a hearing is on Go/Peachtree. A request for a hearing to contest this order must be in writing, directed to the Commissioner, and must state the grounds for the request to set aside or modify the order.

Penalties, including revocation of its certificate of authority, may be assessed against Go/Peachtree if Go/Peachtree violates this order under Texas Insurance Code, Chapter 83, Subchapter C. The Commissioner may order Go/Peachtree to pay administrative penalties for a violation of this order in the amount of $25,000 for each act of violation. The Commissioner may also direct Peachtree to make restitution for each violation of this order.