Carter v. Huntington Title & Escrow, LLC

ADKINS, J., dissenting, in which BELL, C.J., joins.

When a plaintiff seeking a remedy under the Insurance Code also asserts a cause of action in negligent misrepresentation, the administrative remedy is concwrent with the judicial remedy. See Zappone v. Liberty Life Ins. Co., 349 Md. 45, *63966-68, 706 A.2d 1060, 1071 (1998). Here, Carter successfully alleged negligent misrepresentation, and thus, under Zappone, he is not required to first pursue administrative remedies. Because the majority ignores the Zappone rule, and effectively forecloses a judicial remedy that is an equal or more efficient…