IN THE MATTER OF the Insurance Act, R.S.O. 1990, c. I.8, as amended (the “Act”), in particular section 441;
AND IN THE MATTER OF a Proposed Cease and Desist Order against Axccess Lifestyle Membership Corporation and Robert Mattacchione;
AND IN THE MATTER OF an Interim Cease and Desist Order against Axccess Lifestyle Membership Corporation and Robert Mattacchione.
AND IN THE MATTER OF a Request for Hearing filed in accordance with section 441(3) of the Act by Axccess Lifestyle Membership Corporation and Robert Mattacchione.
AXCCESS LIFESTYLE MEMBERSHIP CORPORATION
and ROBERT MATTACHIONNE
- and –
SUPERINTENDENT OF FINANCIAL SERVICES
On October 20, 2011, the Superintendent of Financial Services issued a Notice of Proposed Cease and Desist Order and an Interim Cease and Desist Order against the Applicants.
The Applicants requested a hearing before the Financial Services Tribunal in accordance with the Act. A hearing before the Tribunal was held on April 18 and 19, 2012.
On reading the exhibits and hearing the evidence and submissions made by the Applicants and Counsel for the Superintendent, the Financial Services Tribunal issued a Decision dated June 1, 2012, and makes the following Order:
Axccess Lifestyle Membership Corporation and Robert Mattacchione, and any agents, representatives and affiliates and successors thereof, shall immediately cease and continue to refrain from making and/or publishing any statements, written or otherwise to the effect that Axccess or any of its affiliates or successors can arrange for, secure or facilitate insurance coverage, whether provided by Lloyd’s or by any other person or entity, until a contract of insurance providing for such coverage has been put in place in compliance with applicable laws and regulations.
Dated at the City of Toronto this 1st day of June, 2012.
John M. Solursh
Chair of the Tribunal and of the Panel