Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc.

Summary

Justice Pariente concurred in the majority’s conclusion that Florida’s economic loss rule is limited to products-liability cases. She reasoned that this limitation follows the rule’s original purpose and does not eliminate ordinary contractual limits on tort recovery, including the requirement that a tort be independent of a contract breach. Justice Canady and Chief Justice Polston, dissenting, would have retained the economic loss rule’s application to claims between parties in contractual privity and would have answered the certified question in favor of the insurance broker.