Read the following excerpt from a US court opinion:
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of coverage prevented an insured from taking steps to prevent a loss is sufficient to support a jury finding that the misrepresentation was a producing cause of damages.”). Nevertheless, Defendants insist that Plaintiffs claim must be dismissed because she does not allege that Walker provided any false Information — and, accordingly, that she does not adequately allege the second element of a negligent misrepresentation claim. (MTD at 22.) “[T]o prove negligent misrepresentation,” they claim, “a plaintiff must establish that the defendant gave false in formation”; “[misleading but not false information is insufficient....” (MTD at 22.) While at least one Texas court has agreed with Defendants’ contention, see Continental Savings Ass’n v. Collins, 814 S.W.2d 829, 833 (Tex.App.1991) , that court cited no precedent and relied
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What is the most suitable continuation to the opinion? Your options are:
A. holding negligent misrepresentation sufficient
B. holding that the furnishing of misleading information cannot support a claim for negligent misrepresentation the information must be false
C. holding that the essential element for determining whether or not a claim was a misrepresentation claim within the meaning of section 2680h was reliance by the plaintiff upon the false information
D. holding failure to disclose may constitute supplying false information to support negligent misrepresentation claim where such failure breaches a statutory duty
E. holding that a defamation claim cannot be sustained for truthful information in a credit report even if the information reported supports misleading inferences
Reply with [A, B, C, D, E] only.