Extending The Murky Divide Between Warranty And Insurance

Atlanta Partner and Co-Chair of Locke Lord's Regulatory and Transactional Insurance Practice Group Brian Casey and Austin Senior Counsel Jon Gillum co-authored an article examining a West Virginia federal court’s decision in Bare v. Innovative Aftermarket Systems LP and the significance in the warranty-versus-insurance divide.

The authors note: “On the whole, the Bare court’s decision should provide greater regulatory comfort for warrantors who offer anti-theft programs and those entrepreneurs who will use this decision to design the next wave of innovative warranty products. However, the Bare decision still leaves a split of authority in the anti-theft product space with one of the largest insurance markets in the country — New York — taking a contrary view.”

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