M.B. vs. American Home Shield Corporation

The claimant's settlement terms were rejected with the following explanation:

• "
  July 11, 2018
  
  VIA EMAIL: MAIL@PEOPLECLAIM.COM
  
  
  PeopleClaim
  P.O. Box 2531
  Boone, NC 28607
  
  RE: Madge Barnes; AHS Plan No. 214100172; Your Claim No. 1930067-261697
  
  To Whom It May Concern:
  
  American Home Shield (“AHS”) is in receipt of your letter dated June 25, 2018, advising of the above referenced complaint. Your letter has been forwarded to me for review and response.
  
  I have reviewed AHS’ records with regard to the air conditioning issue. On April 25, 2018, service was requested for the air conditioning system and the request was dispatched to A-US Air Conditioning of Texas to diagnose the issue. A-US Air Conditioning reported to AHS that repairs were completed to the unit that cools the upstairs portion of the home on April 25, 2018.
  
  On May 17, 2018, service was again requested for the air conditioning system and the request was dispatched to A-US Air Conditioning to further diagnose the issue. On May 20, 2018, A-US Air Conditioning reported to AHS that the compressor in the upstairs unit had failed and needed to be replaced. AHS authorized the technician to complete the repair and order the replacement equipment. There were some items necessary for the replacement that are not covered by the warranty plan. Section I.1.g (iv) of the enclosed warranty plan states that the contract does not cover system or appliance upgrades, or repairs or replacements required to comply with any federal, state, or local laws, regulations or ordinances, utility regulations, or building or zoning code requirements. Section E.1 of the warranty plan provides that AHS will pay up to ten dollars ($10) per pound per occurrence for refrigerant. The customer is responsible for payment of any costs in excess of ten dollars per pound. The charge to the customer for items not covered by the warranty plan was $565, payable by Madge Barnes to A-US Air Conditioning.
  
  On June 5, 2018, service was again requested for the air conditioning system and the request was dispatched to A-US Air Conditioning to diagnose the issue. On June 8, 2018, A-US Air Conditioning reported to AHS that the air conditioning system that had failed cooled the downstairs portion of the home and that the company had not previously diagnosed or repaired any issues with this unit. A trade service call fee is rightfully due from customers for every trade service request, in accordance with Section D.1 of the warranty plan. Based on the terms of the warranty plan, a trade service call fee in the amount of $75 is rightfully due from Madge Barnes for the trade service requests on each of the air conditioning systems.
  
  A-US Air Conditioning reported to AHS that the company flushed the drain line from the downstairs air conditioning system to resolve the issue. The company reported to AHS that the ladder to the attic was damaged when the technician arrived at the home to diagnose the issue. Additionally, water damage was present to the drywall and the carpet when the technician arrived. Section I.8 of the warranty plan states that AHS is not responsible for secondary, incidental, and/or consequential loss or damage resulting from the malfunction of any covered item, or a service contractor’s neglect or delay in providing, or failure to provide, repair or replacement of such item, including, but not limited to, food spoilage, loss of income, utility bills, additional living expenses, personal and/or property damage. Therefore, AHS denies liability with respect to damage.
  
  Thank you for your consideration.
  
  Sincerely,
  
  AMERICAN HOME SHIELD OF TEXAS, INC.
  
  
  
  Kimberly Tiffany
  Customer and Regulatory Claim Resolution Specialist
  "

This claim will remain posted until resolved.