. I believe the two situations are different because the arbitration clause in the insurance policy, that was sold by Sphere Drake Ins. Co., was well known by Rosalie & Matteo Corporation, the party that bought the policy. In the Brower vs. Gateway case, the arbitration clause was stuck in paperwork, that was stuck in the box that the computer came in. Brower had no idea about the clause until it was time to file the lawsuit. DiMarcurio assumed all of the provisions of the policy when it was assigned to them by Rosalie & Matteo Corporation. 2. One example would be if an insurance company sold a policy to someone who did not have the ability to understand what they were signing. An insurance company should not sell a policy to someone who