In the next year or so, the Florida Supreme Court will decide on the exact meaning of a legal doctrine that, under one interpretation, has blocked the recover of millions of dollars per year in subrogation recovery for liability insurance companies.
The 11th U.S. Circuit Court of Appeals late last month submitted a certified question to the state high court, asking it to clear up conflicts between differing court rulings on what’s known as the economic loss rule, an often-controversial idea in tort litigation. As it stands now, manufacturers and corporations facing subrogation and negligence claims have, in many cases, been shielded by a Florida case law that limits damage awards to no mor