intention that the party so rely. McCamish, Martin, Brown & Loeffler v. F.E. Appling Interests, 991 S.W.2d 787, 792 (Tex. 1999); see also Bank of Tex., N.A. v. Glenny, 405 S.W.3d 310, 313 (Tex.App.— Dallas 2013, no pet.) (listing elements of negligent misrepresentation); Miller v. LandAmerica Lawyers Title of El Paso, 362 S.W.3d 842, 845 (Tex.App.—El Paso 2012, no pet.) (defining negligent misrepresentation as cause of action recognized in lieu of breach of contract). We express no opinion as to whether any of Chavez’s attorneys might be subject to a claim of negligent misrepresentation; however, there is no affirmative defense of negligent misrepresentation in avoidance of a contract. Cf. Soto v. Southern Life & Health Ins. Co., 776 S.W.2d 752, 756 (Tex.App.— El Paso 1989, no pet.) (<HOLDING>). Accordingly, Chavez’s assertion of the
holding that to avoid an affirmative defense  a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508 holding that limitations on an insureds claims of negligent procurement negligent misrepresentation and violations of the insurance code and deceptive trade practices act began to run when insured purchased life insurance coverage and the discovery rule did not apply because the nature of the injury was not inherently undiscoverable holding negligent misrepresentation sufficient holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies holding that negligent misrepresentation is not affirmative defense regarding avoidance of life insurance policies