The Supreme Court announced that it has granted leave to appeal in Lowe v. Audet. The question presented, as phrased by the Supreme Court Clerk’s office, is “Are insurance brokers exempt from liability under the ‘learned professionals’ exception to the Consumer Fraud Act?” The Law Division granted a defense motion to dismiss. A two-judge Appellate Division panel affirmed in an unpublished per curiam opinion.

The case is of unusual interest since two previous Appellate Division opinions seemingly point in opposite directions, although only one of those prior decisions (the one that the panel in this appeal followed) involved insurance brokers. An additional fact worthy of note is that one Appellate Division judge was on the panel in both of those prior appeals, and that judge acknowledged that he had changed his mind.