Home Warranty Regulation Through the Lens of Florida's Home Warranty Statute: Claims, Issues and Remedies

Abstract

This Article examines claims, issues and remedies concerning the home warranty industry with a focus on the state of Florida. Florida’s unique example provides insight nationally into varied questions faced by many jurisdictions regarding regulation of home warranty contracts, such as whether a home warranty contract is considered insurance, the effect of arbitral agreements in home warranty contracts and the question of whether a home warranty company can be held liable for bad faith.For the benefit of consumers who choose to obtain a home warranty, this Article concludes that states should recognize bad faith liability for home warranty companies and provide increased protections for consumers from discriminatory, reckless, intentional, and/or malicious denials of valid home warranty claims.