James G. Lowe, M.D. v. Bernard Audet

Summary

The Court held that insurance brokers, producers, and agents are not exempt from liability under the Consumer Fraud Act through a judicially created learned-professional or semi-professional exception. Because licensing and regulation do not create a sufficient conflict with the Act, the Court vacated dismissal of the consumer-fraud claim and remanded for further proceedings. The Court did not decide whether the underlying learned-professional exception remains valid and invited legislative clarification.