The Insurance Council of British Columbia is sanctioning Danilo Amestoso Bartolome after Bartolome failed to properly handle and account for money passed between himself and a client. The transgression occurred when he used a friend’s credit card to pay for a client’s insurance policy, creating a conflict of interest, and then failed to refund the client in accordance with the cancellation provisions set out in her insurance contract.
In June 2021 the client purchased a Visitor to Canada/Super Visa travel insurance policy for her parents – a policy that was similar to one they’d previously purchased.
Complainant did not have enough credit
“When it came time to pay for the policy, the complainant did not have enough credit available on her credit card to pay the $5,168.40 fee. The insurer did not accept cash payments and only accepted credit card payments,” the intended decision notes. “The licensee stated he wanted to help the complainant and offered to pay for the policy with a credit card on the complainant’s behalf. The complainant would then Interac e-transfer the licensee the money for the policy. The licensee confirmed that he paid for the policy with a credit card (belonging to a friend) and then was paid by the complainant.”
When the client asked Bartolome to cancel the policy in May 2022 and requested a pro-rated refund for the period that her parents left Canada early, the premium was refunded to the original credit card, which was compromised and no longer active. “The licensee did not appear to advocate for the matter with the insurer and stated there was a delay in speaking to his friend, the owner of the credit card, because his friend was out of the country when this occurred,” they write.
Bartolome sent the client a partial refund of $3,000 to the client in August that year. Nine months later he sent the remaining $1,630.32.
Tried to place blame on financial institution
“Council does not believe that the licensee fully understood the misconduct that occurred in this circumstance. Council noted that the licensee tried to place blame on the financial institution in providing the refund, but the licensee failed to recognize the situation was created due to the licensee’s actions by paying for the complainant’s policy with a third-party credit card and deviating from the usual practice of insurance business.”
First licensed in July 2011, Bartolome must submit to 12 months of active supervision, must complete the Council Rules Course and an ethics course offered by Advocis and pay costs in the amount of $1,131.25 before June 12, 2024.