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FRUMER v. NATIONAL HOME INS. CO.

No. A-1379-10T4.

18 A.3d 225 (2011)

420 N.J. Super. 7

Alon FRUMER and Michelle Berliner Frumer, Plaintiffs-Respondents, v. NATIONAL HOME INSURANCE COMPANY and Home Buyers Warranty Corporation, Defendants-Appellants, and Leonard Krimsky, Evelyn Krimsky, Richard Bonanomi, AIA, and Bonanomi & Bennett, Defendants-Respondents, and Concord Valley Development, LLC, Javelyn Development, LLC, Jack Nelson, Design Builder Construction Corporation, Peter M. Jacovino & Son Construction Company, Inc., and City of Englewood, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 2011.

Attorney(s) appearing for the Case

Carlos V. Yguico (Gemmill, Baldridge & Yguico, LLP) of the California bar, admitted pro hac vice, argued the cause for appellants ( Charles V. Curley (Halberstadt Curley, LLC) and Mr. Yguico, attorneys; Mr. Curley and Mr. Yguico, on the brief).

Eric D. McCullough argued the cause for respondents Alon and Michelle Frumer (Waters, McPherson, McNeill, P.C., attorneys; Daniel E. Horgan , Secaucus, of counsel; Mr. McCullough, on the brief).

Before Judges CUFF, SAPP-PETERSON and SIMONELLI.

The opinion of the court was delivered by

SIMONELLI, J.A.D.

Plaintiffs Alon Frumer and Michelle Berliner Frumer purchased a new home that was covered by a new home buyer's warranty issued by a private plan approved pursuant to the New Home Warranty and Builders' Registration Act (the Act), N.J.S.A. 46:3B-1 to -20. The question presented in this case is whether arbitration is the exclusive remedy available to plaintiffs in their dispute with defendants...

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