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eereeves Se ne Amo ’ ARN ete a te a Lam gr AUGUSTIN A. DOWARD . GOVERNMENT OF THE V.I., OFFICE ‘ COMMISSIONER JULIO BRADY AND ' Assistant Attorney General SILVERLIGHT, J. IN THE TERRITORIAL COURT OF THE VIRGIN ‘YSLANDS DIVISION OF ST. CROIX: AT KINGSHILL ‘PLAINTIFF: CIVIL NO. 1186/1985 ACTION FOR: ‘TEMPORARY VS. RESTRAINING ORDER, PRELIMINARY, INJUNCTION, PERMANENT INJUNCTION AND MANDAMUS OF THE INSURANCE COMMISSIONER, ASTRID ENGLAND. DEFENDANTS: . EDGAR D. ROSS, ESQUIRE P.O. Box 1548 Frederiksted, St. Croix ‘U.S. Virgin Islands 00840 (ATTORNEY FOR PLAINTIFF) LINDA D. HOPKINS, ESQUIRE P.O. Box 1074 Christiansted, St. Croix U.S. Virgin Islands 00820 (ATTORNEY FOR DEFENDANTS) “MEMORANDUM OPINION MARCH2Y, 1986 THIS MATTER comes before the Court after a hearing on the joint motion of the parties for summary judgment. For the reasons set forth below, summary judgment shall be granted in favor of the plaintifé. FACTS Plaintiff, Augustin Doward, filed the instant suit seeking an order to permanently restrain defendants, the + ae EO + Page #2 A As: Sy no Memorandum Opinion Doward vs. Gov't, et al. Government of the Virgin Islands, Office of the Insurance. Commissioner, Commissioner Julio Brady and Astrid England, . from refusing to issue apprentice agent licenses to persons » who apply for the same and for whom the plaintiff signs as the . requesting agent. Plaintiff alleges that over the past nine (9) years, the defendants have prevented him from signing as the requesting agent for apprentice agents, in violation of 22 V.I.C. § 788. The parties have stipulated to the following facts: 1. Plaintiff is duly licensed and employed as an insurance agent and broker; 2. Prior to January 28, 1985, the plaintiff signed apprentice license applications for four persons, to wit: Floyd Henderson, Amonteen Doward, Clarence Heyliger and Hyacinth Fabio; 3. On January 28, 1986, defendants rejected the applications and returned the same to ‘the plaintiff stating that he was not au- thorized by the company which he represented | to employ sub-agents and/or apprentices;. (plaintiff's Exhibit "1"); 4, The four applicants complied with the provisions - of the applicable law and were qualified to be issued apprentices licenses; 5. Plaintiff's Exhibit 1 through 5, are admitted into evidence; and 6. Plaintiff has incurred costs, including attorney's fees in the amount o TWENTY-FIVE HUNDRED DOLLARS ($2,500.00), which are to be awarded to plaintiff if he prevails, pursuant to 5 V.I.C. 541. Memorandum Opinion Doward vs. Gov' t, et al. Page #3 DIS. c US s I 0 N Rule 56 of the Federal Rules of Civil Procedure provides — that summary judgment shall be granted Af _the pleadings, depositions, answers to ‘interrogatories and» admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In this instance, the parties have stipulated to all the , ‘material facts. The question before the court is whether “the issuance of apprentice agent licenses is governed by 22 V.I.C. - § 753 or 22 V.I.C. § 788. a , oo , - od This Court rejects, without . further discussion, defendant's assertion (as evidenced by plaintiff's Exhibits. 1 and» 5) that the issuance of- an apprentice license is governed by 22 V.I.C. § 753. Ve We find, and so hold, that. 22 V.I.C. § 788 provides the sole statutory basis upon which Tee OA GO Be Ft an apprentice license may be granted or denied. In pertinent part, 22 V.1I.C. § 788 states: seer os mL a Le cA eS 1 vet ‘ VY 22 V.I.C. § 753, provides in pertinent part: ; (a) Any corporation, firm or individual - ; having a place of business in the Virgin Islands, may be licensed by the commissioner as agent to solicit, accept ; applications...deliver or place policies | or contracts of direct insurance upon Memorandum Opinion Doward vs. Gov't, et al. Page #4 : (a) The-commissioner shall issue apprentice “agent's or solicitor's licenses only to persons who have never sold insurance before and who have never been connected with any insurance company in any position, provided they meet the. following qualifications: Bo oo (1) Are a resident of the Virgin Islands; (2) Are to represent and be employed by but - - one licensed agent or broker; and (3) Are otherwise qualified under this title. (emphasis added) . In the instant case, the parties have stipulated that the ‘four applicants who were denied licenses met all the statutory oS requirements of 22 V.I.C § 788. Section 788 provides further: i (b) Such licenses shall be issued upon wo fi application by the applicant and at the a : request of the agent or broker to be oo fi represented in such manner as the “ot yo commissioner shall prescribe. The fee for | 7 ; said license shall be paid by the agent, : or broker employing such applicants..... ; ‘(emphasis added). i/ >" continued... risks located within the Virgin Islands for an i . insurer authorized to transact business therein... — (b) Where an agent of an insurer is i authorized to employ agents or subagents Memorandum Opinion — Doward vs. Gov't, et al. Page #5 In the case at bar, the plaintiff is duly licensed as an insurance broker and agent. Hence, since the applicants and the plaintiff met all the statutory requirements of 22 V.I.C. 4 § 788, but the applicants, were denied apprentice licenses, . this Court finds that the defendants erred, as a matter of law, in denying said applications. Accordingly, the Court shall issue an order permanently enjoining and restraining the defendants, their agents and employees, from refusing to permit the plaintiff (while he is .a duly licensed insurance agent or broker), to be the - requesting agent for applicants of apprentice agent licenses, _ Furthermore, defendants, their agents and. employees shall be permanently enjoined and restrained from refusing to issue such licenses if said applications are in compliance with 22. V.I.C. § 788. Moreover, in accordance with the stipulation of the parties, plaintiff shall be awarded the sum of TWENTY- FIVE HUNDRED DOLLARS ($2,500.00) as and for his costs, including attorney's fees. 1/ continued... to transact business on behalf of the insurer, the application for such agent's or subagent's license may be filed with the commissioner by the authorized agent provided that a certified copy of the instrument creating such agency, including the ‘authorization to employ such agents or subagents is filed with the commissioner. T Memorandum Opinion Doward_. vs. Gov't, et al. Page #6 nn Done at Kingshill, St. Croix, Virgin Islands, this.2Y day of March 1986. an ee bomen we ENTER: Oo oo wo f IRWIN J. SILVERLIGHT, NUDGE is . ia : i’ ; i. : aE : ' “4 i 4 5, os It 7 é tt a] f ) 4 ( Ie ‘ 1? | i ! is i ii : . fd “eo, 3 i/ continued..... if : There is no provision of § 753 for the Licensing of apprentice agents.