The Economic Loss Rule Florida
In Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004) the court undertook a comprehensive look at the economic loss rule including its origin and scope.
The court clearly stated that the economic loss rule in Florida is applicable in only two situations:
(1) where the parties are in contractual privity and one party seeks to recover damages in tort for matters arising out of the contract, or
(2) where the defendant is a manufacturer or distributor of a defective product which damages itself but does not cause personal injury or damage to any other property. 891 So. 2d at 536.
The court also noted that even in these two situations, the economic loss rules would not prevent the bringing of an action and recovery for intentional torts, such as, fraud, conversion, intentional interference, civil theft, abuse of process, and other torts requiring proof of intent. American Aviation, 891 So. 2d at 543.