Disability Insurer's Claims Dismissed; Economic Loss Rule Precludes Claims
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).