Mike Pieciak
Mike Pieciak, commissioner of the Vermont Department of Financial Regulation, ordered that a Newport Center insurance agent lose his license, alleging fraudulent practices. Photo by Mike Dougherty/VTDigger

The state has stripped a Newport Center man of his insurance license, alleging he lied to clients about signing them up for policies and filing claims they requested, falsified records and led people to believe they were insured when they were not.

Benjamin Scherer, who worked at the Royer Camp insurance agency in Newport, lost his license Nov. 3, pending a further state investigation.

Scherer โ€œengaged in a series of fraudulent, coercive and dishonest practices over the past two years in his capacity as an insurance producer,โ€ Michael Pieciak, commissioner of the Department of Financial Regulation,  wrote in an order suspending the license.

Schererโ€™s former employer reported irregularities to the state. He resigned from the insurance agency in October, according to the state order, issuing an apologetic email to a boss in which he admitted lying.

On Thursday, no one answered a phone number listed online as Schererโ€™s. A person who answered another phone number listed as Schererโ€™s declined comment and said they were โ€œnot at libertyโ€ to describe their relation to Scherer. 

The state order, announced in a press release Wednesday, outlines how officials say Scherer deceived both his clients and his company.

In May 2019, a married couple who were clients of Schererโ€™s purchased a farm, according to the state.

In September of that year, Scherer told the couple he would buy a commercial insurance policy to cover their farm and would cancel an existing homeowners policy they held but no longer needed, records show.

The next month, when the couple began leasing a barn on another personโ€™s property, the couple asked Scherer via email if they had insurance coverage, records show. They needed to provide the barn owner with a copy of the insurance policy. 

โ€œYou are covered, I promise,โ€ Scherer wrote in response, according to the state. 

In April 2020, the couple emailed Scherer to say they had received a renewal notice for the homeowners policy that was supposed to have been canceled, records show.

Scherer replied that the policy had been โ€œcanceled at one pointโ€ and he would look into the matter, according to the state. He told the client he wasnโ€™t sure if the couple had received a refund for that homeowners policy, and if they had, it had likely been applied to their commercial policy, so they didnโ€™t get a bill, the state order says.

In a later April email, according to the state, Scherer told the client that a $350 refund check had been issued for the homeowners policy and applied to the coupleโ€™s balance on the commercial policy. He said he had waived his commission fee, too, according to the state. 

But sometime after June 4, Schererโ€™s employer received a notice of cancellation for the coupleโ€™s homeowners policy for nonpayment โ€” it had never been canceled, according to the state. 

And the commercial insurance provider said it had not received any application for a policy for the clients, according to the state, so the couple had never been issued a policy. 

Royer Camp files contain three documents โ€œapparently falsifiedโ€ by Scherer to show the clients had a commercial policy, according to the state.

In December 2019, another client asked Scherer to file a claim with an insurance company because her garage had a collapsing foundation wall, according to the state document.  

In February of this year, the client asked Scherer for news about an appraisal on the garage, the state says. Scherer told her he hadnโ€™t heard anything from the insurance adjuster and would check on the status of the clientโ€™s claim, records show.

A day later, Scherer told the client that her insurance company had denied the claim and would be sending a letter and report about the denial, according to the state. But about a week later, the client told Scherer that she had received nothing, records show.

In August, the client asked Scherer what was going on with her claim. According to the state, she told Scherer that her garage was becoming less stable and she was concerned about the lack of a settlement as the winter approached. 

Scherer replied that he had time available โ€œto come out and meet you this coming week with (the) adjuster,โ€ according to the state. But Scherer had never filed the clientโ€™s insurance claim, the state says.

The state order also says that between June and September of this year, Scherer had manually falsified the expiration dates of three clientsโ€™ policies and extended their policies beyond their correct expiration dates. 

Those policies โ€œwere not timely renewed or replaced byโ€ Scherer, according to the state, โ€œdespite the clientsโ€™ wishes to either renew their policies or obtain new policies.โ€

Last month, Schererโ€™s bosses asked to meet with him over apparent irregularities in a client account. But before the meeting, Scherer emailed a resignation, according to the state, saying he was โ€œdeeply sorry for losing your trustโ€ and โ€œit is not fair to continually drag you on, while lying, and trying to cover my steps of mistakes that Iโ€™ve made as I go.โ€

In a statement, the Royer Camp insurance agency said its management is โ€œshocked and dismayed to learn that one of our employees engaged in serious misconduct which may have impacted some of our customers.โ€

The agency said it has arranged an audit of customer files to figure out if any other customers were affected by Schererโ€™s alleged misconduct, and to rectify the problems.

Pieciak, the financial regulation commissioner, told VTDigger that โ€œformer clients with insurance policies will not be impacted by the suspension.โ€ 

Justin Trombly covers the Northeast Kingdom for VTDigger. Before coming to Vermont, he handled breaking news, wrote features and worked on investigations at the Tampa Bay Times, the largest newspaper in...