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 indemnification of the lawsuit to its professional errors and omissions carrier. The carrier denied the claim, and this coverage action ensued.
The 2nd DCA held that the professional E & O policy provided no coverage for the lawsuit. According to the court
A professional errors and omissions policy is not designed to provide coverage to the insured for its own systematic, deliberate, wrongful conduct: ‘Errors and omissions policies form the equivalent to malpractice insurance for occupations other than those in the legal and medical fields. Such policies are designed to insure members of a particular professional group from liability arising out of special risks such as negligence, omissions, mistakes and errors inherent in the practice of their professions.’
Wellcare of Florida, Inc. v. American International Specialty Lines Insurance Co., ___ So.3d. ___ (Fla. 2nd DCA July 31, 2009), citing, 94 Lee R. Russ & Thomas F. Segalla, Couch on Insurance, Section 131.38 (3d ed. 2009).