BEN LEWIS PLUMBING, HEATING & AIR CONDITIONING, INC. v. LIBERTY MUTUAL INS. CO.

No. 91, Sept. Term, 1998.

731 A.2d 904 (1999)

354 Md. 452

BEN LEWIS PLUMBING, HEATING & AIR CONDITIONING, INC. v. LIBERTY MUTUAL INSURANCE COMPANY et al.

Court of Appeals of Maryland.

June 15, 1999.


Attorney(s) appearing for the Case

Matthew M. Moore (Timothy G. Casey, all on brief), Rockville, for Petitioner.

David F. Albright (C. Thomas Brown, Albright, Brown & Goertemiller, all on brief), Baltimore, for Respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.


RODOWSKY, Judge.

In this creditor's action on a running account to which the debtor pled, inter alia, a general denial we hold that a defense based on negligent misrepresentation is not precluded by want of a special plea asserting that defense. We also hold, however, that there is no negligent misrepresentation as a matter of law.

The petitioners, defendants in the trial court, are Ben Lewis Plumbing, Heating & Air Conditioning, Inc. and related...

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