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KLIGFELD v. STATE, OFFICE OF FINANCIAL REG.

Nos. 4D03-2880, 4D03-3298.

876 So.2d 36 (2004)

David H. KLIGFELD, Dhalco Financial Services, Inc., James A. Torchia and Empire Insurance, Inc., Appellants, v. STATE of Florida, OFFICE OF FINANCIAL REGULATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 13, 2004.

Attorney(s) appearing for the Case

Barry S. Mittelberg of Mittelberg & Nicosia, P.A., Ft. Lauderdale, for appellants.

Peter G. Fisher, Assistant General Counsel, Office of Financial Regulation, Tallahassee, for appellee.

HAZOURI, J.

David Kligfeld and James Torchia (appellants), were Florida-licensed life and health insurance agents. Appellants provided their clients with applications for viatical settlement contracts with American Benefits Corporation (ABS) in 1998 and 1999. During this time frame, appellants collected money from individuals for the purposes of purchasing viaticated life insurance policies, the benefits of which were to be assigned to a trust. By virtue of the contracts...

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