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

Summary

Polston, C.J., dissenting, would have answered the certified question in the negative because insurance brokers are not professionals for purposes of the economic loss rule. He reasoned that existing Florida precedent treated insurance agents as nonprofessionals and that this rationale applies equally to insurance brokers, particularly because a four-year college degree is not required for broker licensure. He warned that the majority's decision expands tort remedies for disputes governed by contract and undermines Florida contract law. Canady, J., dissenting, likewise would have preserved the broader economic loss rule, while Pariente, J., concurring, defended limiting that rule to products liability claims.