No claim, no direct-benefit estoppel

July 24, 2023

A good example of when direct-benefits estoppel will not support a motion to compel arbitration appears in Strucsure Home Warranty LLC v. 2RH Bros. Props., LLC, where:

“2RH’s third-party petition indicates that its breach of contract claim against StrucSure is based on StrucSure’s alleged breach to provide the Limited Warranty, not a breach of any terms of the Limited Warranty itself.”

No. 05-22-01214-CV (July 17, 2023) (mem. op.).