Simon v. Wilkinson Agency, Inc.

I concur in that portion of the majority’s opinion reversing the judgment of the district court and finding that the demurrer was incorrectly sustained as to the plaintiffs’ theory of recovery for fraudulent misrepresentation.

However, I respectfully disagree with my colleagues when they vote to uphold the district court’s decision sustaining the *883demurrer to the plaintiffs’ theory of recovery which alleges negligent misrepresentation. My colleagues rely upon Flamme v. Wolfe Ins. Agency, 239 Neb. 465, 476 N.W.2d 802 (1991) (holding that an insurance agent or broker may be held liable for a…