In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action.  For many years, the economic loss rule only applied in two circumstances:

  1. When the parties negotiated remedies in a contract, and
  2. In products liability cases, when the defective product damaged only itself

arbitrationIt is no secret that arbitration has become a common alternative to traditional courtroom litigation.  Arbitration clauses are widely employed in domestic and international commercial contracts.  With the advent of the global economy, contracting parties from different countries often rely on arbitration clauses to select a neutral forum and venue for resolving contract disputes.  And,

A public adjuster is, subject to some exceptions, a person “who, for money, commission, or any other thing of value, prepares, completes, or files an insurance claim form for an insured or third-party claimaint or who, for money, commission, or any other thing of value, acts on behalf of, or aids an insured or third-party