Kernahan v. Home Warranty Administrator of Florida, Inc.
Plaintiff Amanda Kernahan purchased a “home service agreement” from defendants Home Warranty Administrator of Florida, Inc., and Choice Home Warranty. When she became dissatisfied, she filed a complaint in Superior Court seeking statutory and common law relief. Plaintiff claimed that the agreement misrepresented its length of coverage and that the deceptively labelled “MEDIATION” section of the agreement failed to inform her that she was waiving her right to a jury trial and would be deterred from seeking the additional remedies of treble damages, punitive damages, and attorney’s fees and costs. Defendants filed a motion to dismiss the complaint with prejudice in favor of arbitration, citing the "mediation" provision. The trial court denied defendants’ motion to dismiss, concluding that the arbitration provision was unenforceable. The court found the provision both ambiguous and noncompliant with Atalese v. U.S. Legal Services Group, L.P., 219 N.J. 430 (2014), “in either its form or its function.” The court subsequently denied defendants’ motion for reconsideration, rejecting defendants’ argument that language stating that all claims will be resolved “exclusively” by arbitration would or should have adequately informed plaintiff that she is waiving her right to proceed in court, as opposed to use of other available dispute resolution processes. The Appellate Division affirmed the trial court’s refusal to dismiss the complaint, and the New Jersey Supreme Court also affirmed. View "Kernahan v. Home Warranty Administrator of Florida, Inc." on Justia Law