Atlanta Partner Brian Casey and Austin Senior Counsel Jon Gillum co-authored an article for Law360 examining the Oklahoma Supreme Court opinion in Sparks v. Old Republic Hoe Protection Co. Inc. which held that what appeared (and was likely intended) to be a service contract was actually an insurance contract by way of also being a warranty, thereby preventing enforcement of an arbitration clause in the contract. Casey and Gillum highlight the nuances of the ruling and the lines separating insurance, warranties and service contracts. The authors note that the case serves as a reminder of the blurred lines that distinguish warranties, service contracts and insurance as well as provides some key takeaways for service contract providers.

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