‘Gist of the Action’ Doctrine Does Not Defeat Old Republic’s Negligence Claim, Fla. Federal Judge Rules

TAMPA, Fla. — The “gist of the action” doctrine does not defeat a negligence claim asserted against First American Insurance Co. in a reinsurance dispute because Old Republic National Title Insurance Co. has sufficiently pleaded that a duty grounded in social policy governs its negligence claim, a federal judge has ruled.

In a March 25 order, Judge James S. Moody Jr. concluded that dismissing the negligence claim at this early stage in the proceedings would be inappropriate.

FATICO issued title insurance policies to a borrower and a lender to finance the acquisition of a property and the construction of a …