Negligent Misrepresentation Requires More Than a Statement of Intention
To prevail on a claim of negligent misrepresentation, a plaintiff must prove that the defendant made “a statement of material past or present fact.” Look to Naifeh v. Valley Forge Life Ins. Co. for a brief refresher on statements that do not qualify as a negligent misrepresentation. “[S]tatements of opinion or intention are not actionable. … Likewise, puffing or other sales talk is generally not actionable. … Similarly, conjecture or representations concerning future events are not actionable even though they may later prove to be false.” In Naifeh, the Court distinguished an insurance agent’s statement that he would “keep [the plaintiff] posted” if there were any problems with a policy was not a negligent misrepresentation – it was merely a statement of intenion. The true complaint, instead, is failure to comply with a duty – such as negligence or breach of contract. Indeed, the Court went on to analyze whether the defendant was liable for negligence.