negligent misrepresentation against Paychex and Walker. To state a claim for negligent misrepresentation, a plaintiff must allege that “(1) the defendant made a representation in the course of its business or in a transaction in which it had an interest, (2) the defendant supplied false information for the guidance of others in their business, (3) the defendant did not exercise reasonable care or competence in obtaining or communicating the information, and (4) the plaintiff suffered pecuniary loss by justifiably relying on the representation.” Cunningham v. Tarski, 365 S.W.3d 179, 186-87 (Tex.App.2012). Plaintiff alleges that Paychex and Walker made false representations in the course of their business when Walker, as Paychex’s agent, “sent a written communication that was intended (<HOLDING>). Again, the real question is whether Plaintiff
holding insureds claim against insurance agent for negligent misrepresentation not preempted by erisa agent told insured he would be covered for workrelated injuries when he in fact was not holding that a negligent misrepresentation claim brought by an independent third party health care provider was not preempted by erisa holding misrepresentation claim to be preempted holding that insurance broker is generally agent of insured holding that legal injury occurred for purposes of negligence action against insurance agent when insurance company rejected the claim