Errors & Omissions (E&O) Insurance Disputes in Miami, Florida

Five years from the date of the insurer’s breach under Fla. Stat. § 95.11(2)(b).

Yes. Under § 624.155, Florida allows you to seek damages if your insurer unreasonably denied your E&O claim.

Yes. If your policy is claims-made, ensure you have proper tail coverage or continuity of retroactive dates when switching providers.

No. You must prove the act occurred within the defined professional services listed in your policy.

Yes. Prevailing policyholders are entitled to attorney’s fees under Fla. Stat. § 627.428.

It depends on your policy’s language. Some E&O policies extend coverage to subcontractors if they are acting under your supervision and within the scope of your services, but others specifically exclude third parties unless they are named insureds. You should review your policy's "Who Is an Insured" section to determine coverage.

Yes. Most E&O policies allow you to report a notice of circumstances or potential claim even before formal litigation begins. In fact, early reporting is often encouraged to preserve rights under a claims-made policy. This includes written threats, complaints, or client dissatisfaction that could later escalate.

Some policies include a “consent to settle” clause, while others do not. If your policy has a “hammer clause”, the insurer may settle a claim without your consent and limit your coverage if you refuse the proposed settlement. Always review this provision closely to understand your rights in controlling claim resolution.

Many E&O policies are written on an “eroding limits” or “defense within limits” basis, meaning that legal fees and defense costs reduce your overall policy limit. This can significantly impact your indemnity coverage, especially in complex or prolonged litigation. Ask your attorney to confirm whether you have this type of policy.

Typically not. While some E&O policies may include limited coverage for negligent data handling, most exclude losses from cyberattacks or breaches. If you handle sensitive information, consider adding Cyber Liability Insurance as a separate policy or endorsement.

Not usually. E&O policies generally exclude administrative, disciplinary, or regulatory proceedings, such as those initiated by the Florida Department of Business and Professional Regulation (DBPR) or DOH. However, some insurers offer optional regulatory defense riders—ask your broker or attorney to review your options.

E&O insurance is not required by Florida law, but your licensing board, professional association, or contracts with clients or vendors may mandate it. For example, real estate professionals working under certain brokerages may be required to carry E&O coverage under brokerage policy or MLS rules.

E&O is a broad form of professional liability insurance that applies to non-medical professions like consultants, agents, and advisors. Malpractice insurance is a specialized type of E&O designed for medical and legal professionals. While they function similarly, the policy language, limits, and exclusions are profession-specific.