Tag Archives: Brian Casey

Blurred Lines: Another Case of Service Contract v. Warranty v. Insurance Confusion

By Brian T. Casey and Jon L. Gillum

In a brand new opinion, the Oklahoma Supreme Court in Sparks v. Old Republic Home Protection Co., Inc. [1] held that what appeared (and was likely intended) to be a “service contract” was actually an insurance contract by way of also being a warranty, thereby preventing enforcement of an arbitration clause in the contract. Say what?

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