negligent misrepresentation claim (Maine) · Go Syfert
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negligent misrepresentation claim in Maine

8 Maine opinions name it 2 courts 2000–2019 0 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Chapman v. Rideoutgreen
me · 1990 · cited in 3 Maine opinions naming this issue, 2013–2019
2 sentences

2013See Flaller/)1 v. !Vlutller, 2011 ME S2, ~ '1<5, 17 A.sd 64·0 (listing elements of a fl·aud claim, including justifiable reliance); Chapman v. Rideau~ 568 A.2d 829, 880 (Me. 1990) (setting out elements of a negligent misrepresentation claim, including 7 justifiable reliance).

2013Louis v. Wilkinson Law Offices, P.C., 2012 ME 116, 118 , 55 A.3d 443 ; see also Chapman v. Rideout, 568 A.2d 829, 830 (Me.1990) (adopting the definition articulated in the Restatement (Second) of Torts § 552(1) (1977)). [¶ 12] Although it is clear from that formulation that the Langevins could recover their loss of investment through a negligent misrepresentation claim, such re *591 covery is not available from Allstate because damages for loss of investment do not constitute “property damage.” See Vigna v. Allstate Ins.

33
Veilleux v. National Broadcasting Co., Inc.green
med · 1998 · cited in 1 Maine opinions naming this issue, 2019–2019
1 sentence

2019Veilleux v. NBC, 8 F. Supp. 2d 23, 31 (D.

11
Binette v. Dyer Library Ass'ngreen
me · 1996 · cited in 1 Maine opinions naming this issue, 2015–2015
1 sentence

2015See Binette v. Dyer Library Ass'n, 688 A.2d 898, 903 (Me. 1996 ).

11
Vigna v. Allstate Insurance Co.green
me · 1996 · cited in 1 Maine opinions naming this issue, 2013–2013
1 sentence

2013Co., 686 A.2d 598, 600 (Me.1996) (“Economic injury does not constitute ‘property damage’ for purposes of insurance coverage.”). [¶ 13] To overcome that bar to coverage, the Langevins argue that because they also sought recovery for physical problems with the property, their damages for negligent misrepresentation fall within the policy’s definition of “property damage.” That argument also fails because the physical problems with the property did not result from the “occurrence” alleged in the Langevins’ negligent misrepresentation count. [¶ 14] The Allstate policy requires that any damages for

11
Horizon Financial, F.A. v. Hansengreen
gand · 1992 · cited in 1 Maine opinions naming this issue, 2000–2000
1 sentence

2000See McCamish, 991 S.W.2d at 792 , citing Horizon Financial v. Hansen, 791 F.Supp. 1561, 1574 (N.D.

11
Kirkland Construction Co. v. Jamesgreen
massappct · 1995 · cited in 1 Maine opinions naming this issue, 2000–2000
1 sentence

2000See Kirkland Const. Co. v. James, 658 N.E.2d 699, 701 (Mass. App. Ct. 1995) review denied 661 N.E.2d 935 (Mass. 1996).

11
McCamish, Martin, Brown & Loeffler v. F.E. Appling Interestsgreen
tex · 1999 · cited in 1 Maine opinions naming this issue, 2000–2000
1 sentence

2000See McCamish, 991 S.W.2d at 792 , citing Horizon Financial v. Hansen, 791 F.Supp. 1561, 1574 (N.D.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Curtis v. Porter green
me · 2001
1 sentence

2019Id.

12019–2019
Drilling & Blasting Rock Specialists, Inc. v. Paul Rheaume green
me · 2016
1 sentence

2019Because "a negligent misrepresentation claim does not require proof of intentional or reckless fault and thus does not sound in fraud ... such a claim does not benefit from the extended statute of limitations set forth in section 859." Id.

12019–2019
Oceanside at Pine Point Condominium Owners Ass'n v. Peachtree Doors, Inc. green
me · 1995
1 sentence

2017The court remains persuaded that the Law Court's decision in Oceanside at Pine Point Condominium Owners Assn. v. Peachtree Doors, 659 A.2d 267 (Me. 1995) precludes a negligent misrepresentation claim in an action for a defective or improper product, not involving personal injury or damage to other property.

12017–2017
St. Louis v. Wilkinson Law Offices, P.C. green
me · 2012
2 sentences

2013Louis v. Wilkinson Law Offices, P.C., 2012 ME 116, 118 , 55 A.3d 443 ; see also Chapman v. Rideout, 568 A.2d 829, 830 (Me.1990) (adopting the definition articulated in the Restatement (Second) of Torts § 552(1) (1977)). [¶ 12] Although it is clear from that formulation that the Langevins could recover their loss of investment through a negligent misrepresentation claim, such re *591 covery is not available from Allstate because damages for loss of investment do not constitute “property damage.” See Vigna v. Allstate Ins.

2013Louis v. Wilkinson Law Offices, P.C., 2012 ME 116, 118 , 55 A.3d 443 ; see also Chapman v. Rideout, 568 A.2d 829, 830 (Me.1990) (adopting the definition articulated in the Restatement (Second) of Torts § 552(1) (1977)). [¶ 12] Although it is clear from that formulation that the Langevins could recover their loss of investment through a negligent misrepresentation claim, such re *591 covery is not available from Allstate because damages for loss of investment do not constitute “property damage.” See Vigna v. Allstate Ins.

12013–2013

Where else courts name it

TX 105 (1992–2025) NY 57 (1978–2026) CA 48 (1992–2026) WA 43 (1994–2025) IL 35 (1992–2026) NC 30 (1985–2026) PA 23 (1988–2026) TN 22 (2001–2021) GA 22 (1995–2026) NV 22 (2014–2021) CO 20 (1988–2026) CT 20 (1992–2013) FL 19 (1999–2025) MO 19 (1992–2021) VT 19 (1991–2026) MA 18 (1995–2013) MN 16 (1997–2026) DE 16 (1990–2025) OH 14 (1995–2026) IA 13 (1998–2021) AZ 13 (1997–2024) MD 11 (1988–2024) MS 11 (1995–2020) SC 10 (1990–2025) WI 10 (1989–2019) UT 10 (1995–2025) NJ 8 (2000–2026) KY 8 (2004–2025) KS 8 (2000–2026) MT 8 (1995–2025) ME 8 (2000–2019) WY 6 (1989–2019) LA 6 (1990–2023) OR 5 (1990–2012) MI 3 (2010–2016) AL 3 (2002–2017) NM 3 (1978–2026) NE 2 (2003–2006) NH 2 (1989–2020) IN 2 (2001–2009) HI 2 (2002–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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