Amanda Kernahan, Plaintiff-Respondent v. Home Warranty Administrator of Florida, Inc. and Choice Home Warranty

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision that the arbitration provision in the consumer home warranty contract is unenforceable because it fails to demonstrate mutual assent, being ambiguous, misleading, and not conspicuous. The Court relied on Atalese and state contract principles, and noted that Kindred Nursing does not alter this analysis. Justice Albin filed a concurring opinion agreeing on the result but emphasizing that Atalese does not conflict with Kindred Nursing.