The Independent Tort Doctrine: Post Tiara Condominium
When the Florida Supreme Court wrote the Tiara Condominium opinion the legal community was unsure what the opinion meant. Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc,., 110 So.3d 399 (Fla. 2013). The opinion clearly states that the economic loss doctrine is applicable only in the context of products liability cases. However, did Tiara Condominium also eliminate the contractual privity economic loss rule, which was sometimes referred to as the independent tort doctrine? There still is not absolute clarity on this topic but the reasoned decision is that the independent tort doctrine preceded the economic loss rule and is not abolished by Tiara Condominium. Read the article……….