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Misrepresentation

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A defendant can be held liable for negligent misrepresentation on two disparate theories.  First, under Rest.2d Torts section 311, a defendant may be liable for negligent misrepresentation in endorsing a product that physically harms the plaintiff.  (See Hanberry v. Hearst Corp. (1969) 276 Cal.App.2d 680.)  Here, plaintiff suffered no physical injury and so couldn't rely on that theory to pursue… Read More

Plaintiff hospital adequately stated fraud and misrepresentation claims against defendant insurance company, after hospital sought and received assurances that a patient was insured, only to have insurance company retroactively deny coverage after more than $1 million worth of treatment had been administered.  Read More