Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, only about 10 hold these two Board Certifications. ...MORE

Category Archives: Intentional Misconduct

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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

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