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: Errors and Omissions Coverage

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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

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