With no explanation, chose the best option from "A", "B", "C" or "D". Studio, 581 Pa. 454, 866 A.2d 270, 277 (2005)); accord Azarchi-Steinhauser v. Protective Life Ins. Co., 629 F.Supp.2d 495, 501 (E.D.Pa.2009) (finding that plaintiffs did not knowingly make a material misrepresentation); Brandow Chrysler Jeep Co. v. DataScan Tech., 511 F.Supp.2d 529, 536 (E.D.Pa.2007). A plaintiff must prove the elements of negligent misrepresentation by a preponderance of the evidence. Banco Urquijo S.A. v. Signet Bank/Maryland, 861 F.Supp. 1220, 1247-48 (M.D.Pa.1994). As a preliminary matter, Hartford cannot prevail on this cause of action because it has not shown that Ms. Lewis owes it a duty. The tort of negligent misrepresentation is “premised on the existence of a duty owed by one party to another.” Gibbs v. Ernst, 538 Pa. 193, 647 A.2d 882, 890 (1994) (<HOLDING>); Restatement (Second) of Torts § 552, cmt. (c)

A: holding failure to disclose may constitute supplying false information to support negligent misrepresentation claim where such failure breaches a statutory duty
B: holding that when an agency has not reached an issue the proper course is to remand to the agency to address it in the first instance
C: holding that an adopting parent may state a claim for negligent misrepresentation because an adoption agency has assumed a duty to tell the truth when it volunteers information to prospective parents
D: holding that the furnishing of misleading information cannot support a claim for negligent misrepresentation the information must be false
C.