Disability Insurer’s Claims Dismissed; Economic Loss Rule Precludes Claims

(February 4, 2020, 8:34 AM EST) -- WEST PALM BEACH, Fla. — A Florida federal judge on Jan. 27 dismissed a disability insurer’s counterclaims for fraud and negligent misrepresentation in a disability and life insurance dispute because the counterclaims are barred by the economic loss rule (ELR), which prohibits tort claims in a contractual dispute (Douglas Kuber v. Berkshire Life Insurance Company of America, No. 19-80211, S.D. Fla., 2020 U.S. Dist. LEXIS 14121)....

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