The case involved a negligent misrepresentation claim by a general contractor who had been issued a certificate of insurance by our client, an insurance agency. The certificate did what a certificate does: it confirms coverage, that is all. It did not contain any affirmative misrepresentations, but the contractor claimed that they relied on the certificate for information that was not supposed to be on it and were misled. Emily Mack argued that certificates of insurance cannot, as a matter of law, support a claim for negligent misrepresentation in the absence of any affirmative misrepresentations. The court agreed and granted the motion to dismiss.
Emily Harper Mack is an associate in the firm’s Nashville office practicing in the areas of education law and general civil litigation.