Nationwide Insurance v. General Motors Corp.

OPINION OF THE COURT

CAPPY, Justice.

This appeal presents the issue of whether an express, 12 month/12,000 mile “New Car Limited Warranty” promising “repairs and needed adjustments” to correct manufacturing defects is a warranty that “explicitly extends to future performance of the goods” for purposes of determining when a cause of action for breach of that warranty accrues under the statute of limitations provision of the Uniform Commercial Code— Sales, 13 Pa.C.S. § 2725. We are also asked to determine whether the implied warranties of merchantability and fitness for a particular purpose so…