ZAPPONE v. LIBERTY LIFE

No. 133, Sept. Term, 1995.

706 A.2d 1060 (1998)

349 Md. 45

Ricardo D. ZAPPONE et al. v. LIBERTY LIFE INSURANCE COMPANY et al.

Court of Appeals of Maryland.

March 11, 1998.


Attorney(s) appearing for the Case

Roger D. Luchs (Michael G. Blackstone, Stephen K. Levey, King & Nordlinger, L.L.P., on brief), Washington, DC, for petitioners.

Dennis W. Carroll (J. Joseph Curran, Jr., Atty. Gen., Christina Gerstung Beusch, Asst. Atty. Gen., on brief), Baltimore, amicus curiae.

Gary Howard Simpson, Bethesda, for respondents.

James M. Brault (Brault, Graham, Scott & Brault, on brief), Rockville, for respondents.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


ELDRIDGE, Judge.

We issued a writ of certiorari in this case to determine if the provisions of the Insurance Code pertaining to unfair trade practices by insurers and their agents provide the exclusive or primary remedy for alleged acts of fraud, negligent misrepresentation, and negligence by an insurer or agent in connection with the sale of insurance. The court below answered this question in the affirmative, holding that...

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