Conseco Financing Servicing Corp. v. Wilder

Conseco Financing Servicing Corp. v. Wilder, 47 S.W.3d 335 (Ky. Ct. App. 2001), involved a mobile home sales agreement with an arbitration clause. According to Wilder, he immediately discovered manufacturing and installation defects in the home. He contacted Conseco and demanded repairs. When Conseco refused, Wilder stopped making payments. Conseco sued, Wilder counterclaimed, and Conseco invoked its right to arbitration. On appeal, the court stated: "The Wilders' claims against Conseco are all based on Conseco's alleged breach of duties imposed by the contract itself or by statutes - Kentucky's Consumer Protection Act, in particular - that are brought into play by virtue of the contract. The Wilders' claims, therefore, "relate to" the contract and thus are within the scope of the arbitration agreement." Id. at 340.