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DAMON v. STRUCSURE HOME WARRANTY, LLC

No. 33,126.

338 P.3d 123 (2014)

2014-NMCA-116

Jason B. DAMON and Michelle T. Damon, Plaintiffs-Appellees, v. STRUCSURE HOME WARRANTY, LLC, Defendant-Appellant, and Brian McGill, an individual; Janelle McGill, an individual; Carrie Traub, individually and as a licensed associate real estate broker; Jump, Inc. d/b/a Coldwell Banker Legacy, a New Mexico corporation; Vista Del Norte Development, LLC, a New Mexico Limited Liability Company; and Stillbrooke Homes, Inc., a New Mexico corporation, Defendants.

Court of Appeals of New Mexico.

August 19, 2014.

Attorney(s) appearing for the Case

Tal Young, P.C., Steven Tal Young , Albuquerque, NM, for Appellees.

Brownstein Hyatt Farber Schreck, LLP, Eric R. Burris , Adam E. Lyons , Albuquerque, NM, for Appellant.

OPINION

VANZI, Judge.

{1} In this case, we address whether a party to a home warranty contract can enforce an arbitration provision contained in that warranty against a nonparty who nevertheless seeks to invoke its benefits. Plaintiffs Michelle and Jason Damon sued Defendant StrucSure Home Warranty, LLC, (StrucSure) and others for structural defects in their home. StrucSure filed a motion to compel...

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