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
Errors and Omissions Coverage
Title Insurer’s E & O Carrier Does Not Have to Defend Claim for Misappropriation of Funds
By Mark Nation on
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…
No E & O Coverage for Action by Salesman Against HMO TPA
By Mark Nation on
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…