Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a civil trial lawyer who limits his practice to wrongful death, personal injury, and insurance cases. He is a member of the Million Dollar Advocates Forum whose members must have settled one or...MORE

Category Archives: Coverage Questions

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4th DCA Finds State Farm Has a Duty to Defend Defamation Lawsuit Against Insured

Posted in Coverage Questions, Duty to Defend and Indemnify
In Segal v. State Farm Florida Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), the insured  was sued for "knowingly and/or negligently" making defamatory statements.  The insured sent the lawsuit to State Farm asking State Farm to defend her in the lawsuit and ultimately indemnify her if she was found liable.  State Farm provided the insured with homeowner’s insurance… Continue Reading

Coverage Action Filed on Behalf of Home Owners Association

Posted in Business Insurance, Coverage Questions, Declaratory Judgment Actions, Errors and Omissions Coverage, Liability Insurance
My client, a home owners association (HOA), was sued by one of the home owners in its community.  The HOA submitted the claim to its errors and omissions insurance carrier.  The E & O Carrier denied the claim and refused to defend.  I filed a declaratory judgment action which resulted in the insurance company agreeing… Continue Reading

Battling Dec Actions Filed Concerning Alleged Material Misrepresentation

Posted in Complying with Policy Conditions, Coverage Questions, Misrepresentation in Application
My client insures multiple vehicles on his auto policy with Cornerstone National Insurance Company. The auto insurance policy provides liability coverage for bodily injury liability, property damage liability for damage to other vehicles, and collision coverage for damage to his vehicles. My client’s friend, while driving one of his vehicles (with his consent), is alleged… Continue Reading

Title Insurer’s E & O Carrier Does Not Have to Defend Claim for Misappropriation of Funds

Posted in Errors and Omissions Coverage, Intentional Misconduct
In Chicago Title Insurance Company v. Northland Insurance Company, ____ So.3d ____ (Fla. 4th DCA March 3, 2010), an attorney acting on behalf of a title company misappropriated funds that were intended to be used to satisfy a mortgage.  As a result, Chicago Title had to pay to satisfy the mortgage.  Chicago Title then sued the… Continue Reading

Mississippi Supreme Court Issues Important Katrina Decision on Anti-Concurring Cause Clause

Posted in Anti Concurring Cause Clause, Coverage Questions, Efficient Proximate Cause, Flood
In a unanimous decision, the Mississippi Supreme Court has explained how the anti-concurring cause clause (ACCC) in the standard homeowners insurance policy should be interpreted.  Although this decision was from Mississippi, it will prove to be informative in Florida as there is very little Florida law on this important issue.  I’ve previously blogged extensively on the… Continue Reading

No E & O Coverage for Action by Salesman Against HMO TPA

Posted in Errors and Omissions Coverage, Intentional Misconduct
In a decision which the 2nd DCA calls "self-evident," a third-party administrator ("TPA") for an HMO was sued by one of its salesman where the salesman alleged the TPA "embarked upon a deliberate plan to interfere in the relationship between Thomas [the salesman] and its customers, designed to drive those customers away."  The TPA submitted the defense and… Continue Reading

Anti Concurring Cause Clause

Posted in Anti Concurring Cause Clause, Coverage Questions, Efficient Proximate Cause
    The Florida courts have not issued any consumer noteworthy insurance law for the last few weeks, so I thought I’d give you some insights into the “Anti Concurring Cause Clause”, which has become a recent focus in insurance litigation.  Principally, it is a creation by insurers to ensure they will not be responsible for paying any part… Continue Reading