Also known as: homeowner's warranty · homeowners warranty · home owner's warranty · homeowners' warranty · HOW · home warranty
Written by attorneys · grounded in primary & secondary sources — see below
A warranty and insurance program that insures a new home for ten years against major structural defects. The program was developed by the Home Owners Warranty Corporation, a subsidiary of the National Association of Home Builders. Builders often provide this type of coverage, and many states provide similar warranty protection by statute.
Hassan Hakim purchased a newly constructed residence from a builder that supplied a home owners warranty. Within the coverage period a load-bearing wall developed a crack that compromised the structure. Hassan submitted a claim under the warranty and the insurer arranged for repairs at no cost to him.
Henry Harrison acquired title through a deed later discovered to be forged. He had also obtained a home owners warranty at closing. When the true owner challenged title, the warranty insurer defended the coverage because the policy protected against loss from defects in title not excepted in the policy.
Hana Huang received a home owners warranty when she bought her residence. The city later condemned the property under its eminent domain power. The warranty insurer paid the difference between the condemnation award and the cost to replace the home with comparable new construction.
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Helena Hoffman discovered foundation defects in her new home and filed a claim under the home owners warranty. Because the policy was issued in the state where the home was located, the court applied that state's substantive law to determine the scope of coverage and the insurer's obligations.
Hector Hernandez's claim under his home owners warranty was denied by the insurer. He petitioned the court for review, asserting that the denial violated his legal right to coverage for a covered structural defect. The court examined whether the insurer had a duty to provide the promised protection.
Hilda Hernandez submitted a claim under her home owners warranty after discovering a roof defect. The insurer requested extensive personal information to process the claim. Hilda objected that the request invaded her privacy interests protected under the Constitution.
A home owners warranty insures a new home for ten years against major structural defects. The coverage period begins at the time the home is purchased from the builder.
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The program was developed by the Home Owners Warranty Corporation, a subsidiary of the National Association of Home Builders. Builders commonly provide this coverage today.
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Many states provide similar warranty protection by statute in addition to the private program. These statutes create parallel obligations for builders and insurers.
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