[CLC-Discussion] Warranty issues related to FDUPTA and potential equitable relief

[Erum Kistemaker]

Good afternoon,

I am working on a matter involving the following issues.  Please let me know if you have any thoughts regarding any, or all, of the following:


1.       Is anyone familiar with a line of cases dealing with FDUPTA claims based upon a broad exclusion/severe limitation of express and/or implied warranties in which the homeowner received nothing in exchange, and which likely involves issues of good faith and fair dealing?


2.       Is anyone familiar with any legal authority which would bar a FDUPTA claim against an entity due to the fact that it is regulated by the Office of Insurance Regulation?



3.       Is anyone familiar with, or has worked on, cases where a home warranty company first offers to repair under the warranty and later claims non-coverage for the homeowner's failure to accept the proposed repair, and in which a subsequent cause of action for declaratory relief in the form of waiver and/or estoppel was successful?


Any thoughts are truly appreciated.


[ESK SIGNATURE]

Erum S. Kistemaker, Esq.
[cid:image002.jpg at 01CDFD3F.674BF2D0]
             1651 N. Clyde Morris Blvd., Suite 1
             Daytona Beach, FL 32117
             Tel: (386)310-7997
             Fax: (386) 478-4425
             ekistemaker at e-kbusinesslaw.com<mailto:ekistemaker at e-kbusinesslaw.com>
             www.e-kbusinesslaw.com<http://www.e-kbusinesslaw.com/> (Visit our website)

            [blogger] <http://www.daytonabizlaw.com/>      [http://2.bp.blogspot.com/-srCPH2I2yeg/TaSY-tADlXI/AAAAAAAABrQ/hl3r-VPoQeo/s1600/1279625440_facebook.png] <http://www.facebook.com/pages/Ertl-Kistemaker-Business-Law-Group/194086130632513>         [enews] <http://daytonabusinesslawyers.com/news-community/kistemaker-newsletters/>
   Blog                         E-Newsletters

CONFIDENTIAL
The information contained in this e-mail transmission and any attachments thereto is legally privileged and confidential information intended only for the use of the recipient(s) named above.  If the reader of this transmission is not an intended recipient, you are hereby notified that any dissemination, distribution, or copying of this transmission is strictly prohibited.  If you have received this transmission in error, please immediately alert the sender by reply e-mail and delete this message and any attachments.
[Description: Description: Description: Description: Description: cid:image002.jpg at 01CBB7F5.460A6CF0]please consider the environment before printing this email [Description: Description: Description: Description: Description: cid:image002.jpg at 01CBB7F5.460A6CF0]


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140402/b39ae303/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 1948 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140402/b39ae303/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 6672 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140402/b39ae303/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 4996 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140402/b39ae303/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 4815 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140402/b39ae303/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 3925 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140402/b39ae303/image005.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 1239 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140402/b39ae303/image006.jpg>