Post-Tiara: Contracts Are Still King
Litigation attorneys Anthony Palermo and Daniel Buchholz co-authored an article for the Florida Bar Journal analyzing a court case that raised questions about the independent tort doctrine and economic loss rule in contract disputes. Although similar, these two principles are not identical, and they are often confused by litigants and courts alike. That confusion led in part to debate surrounding the contours and even survival of the independent tort doctrine following the Florida Supreme Court's decision in Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., which limited the application of the economic loss rule. The authors assert, however, that the decision confirmed the doctrine's application in Florida. Their article provides an overview of the distinction between the independent tort doctrine and economic loss rule, analyzes the court's decision and explains why the independent tort doctrine remains a vital component of Florida law.