Scope of Arbitration Agreement in Home Warranty to be Determined by Arbitrator, Not Court
Mercedes Homes, Inc. v. Colon, 966 So.2d 10 (Fla. Dist. Ct. App. 2007)
In this case, an individual entered into an agreement with a contractor for construction of a new home, which included a provision requiring the contractor to install sod. When the home buyer fell in his yard eleven days after closing, he brought a personal injury claim against the contractor claiming it had installed the sod negligently. The contractor moved to compel arbitration of the personal injury claim, based on the arbitration agreement contained in the home warranty purchased by the home buyer. In response, the buyer argued that he was not required to arbitrate his personal injury claim because negligence claims were expressly excluded from the home warranty.