The Property Casualty Insurers Association of America has filed an amicus brief before the Maryland Court of Appeals, urging the court to affirm a lower court decision upholding a law, in existence since 1872, that establishes the core requirement of “reliance” for fraud claims. “Historically in Maryland, as well as the other 49 states, reliance has been a core element for a claim based on fraud, and should remain so,” Robert Hurns, counsel for PCI, said. In Smith v. Lead Industries Association Inc., the trial court held that a claim for fraud based upon intentional or negligent misrepresentation requires that the plaintiff relied upon the alleged fraudulent statement. The plaintiff appealed that ruling. The issue is whether plaintiffs can bring claims for common-law fraud when they did not rely on the misrepresentations at issue. PCI, along with the American Tort Reform Association, the U.S. Chamber of Commerce, and other business groups urged the court to maintain the concept of reliance. According to Hurns, overturning the decision would represent a “radical and unwise departure from traditional tort law.”
Was this article valuable?
Here are more articles you may enjoy.
Former Trident Reciprocal CEO Ordered to Pay $468K in Attorney and Arbitrator Fees
Viewpoint: Beware These Commercial Auto Endorsements!
Isaias: 47,000 Claims and $582M in Losses in Florida So Far, OIR Reports
How One Hacker Used AI Agents, a Few Thousand Dollars to Break Into Websites 


