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S.D. vs. American Home Shield Corp

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S. D. vs. American Home Shield Corp
P.O. Box 727 Carroll, IA 51401-0727, 889 Ridge Lake Blvd Fl 3, Memphis, 38120-9425, United States
Amount Involved: $4,000.00
Complaint(s): Problem with a service | Other
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 2330128
    • Amount Involved: 4,000.00
    • Filed On: Dec 11, 2017
    • Posted On: Dec 22, 2017
    • Complaint(s):
      • Problem with a service
      • Other
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"To american home shield: My name is sherman draper and I have a home warranty contract  offered by American Home Shield(ash),contract#210537322,term 04/15/2017-04/14/2018.Property covered, 9883 sparrow ridge ave. las vegas nv. 89117    Complaint:ASH denied repairs on main pipe water leak,claimed that water leak was in front yard without finding the leak or it location. Homeowner called American Leak Detection located at 6185 harrison dr.#13 las vegas,nv.89120 ph. #702-8783060. The leak was found inside the garage under the concrete slab.The detection fees were $225.00 paid by this homeowner.Homeowner provided a copy of these findings to no less than 3 of AHS service contractors and still was denied service.The service contractors estimated costs of repairs were$5,100, $3,800 and$3,100 respectively.My water-bill is $170.00 per month, normally it is about $60.00 per month.Homeowner request a one time cash payment of $4,000 as this the average cost of repairs as estimated by ahs service contractors."
...
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Claimant timeline (1) - Hide
  • 12-11-2017 — completion by Dec.31,2017
Additional Communication Between Claimant and American Home Shield Corp Hide
  • Feb 19, 2018, Claiming party added:

  • It is my intention to file a small claim lawsuit for the amount requested because I feel the company (AHS) will not respond unless a court action is taken to make it live up to their contractual obligations.

What Claimant Wants Hide
1. Monetary items with amounts to be determined: e.g.: repairs, estimate pending Dec 31, 2017 $4,000.00
2. Other – Pay for claim posting cost Dec 31, 2017 $14.99
Cash total : $4,014.99
  • 3
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Jim Wicks commented
Jim Wicks (Comment):
"To claimant: Can you say or show the language in your contract that covers problems of this kind? This would make it clearer what AHS's obligations are."
 (8 years ago)
Reply
Salmon Koenig commented
Salmon Koenig (Comment):
"It makes sense to me"
 (8 years ago)
Reply

Respondent's Counteroffer

There has been no response to this claim from American Home Shield Corp. This claim will remain posted until resolved
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Is this a fair resolution?
  • 0
  • Contributed Solution: by Mandy Schnorf St John On 01-29-2018
    1 comment
    I believe, since AHS is not willing to pay for repairs, they should refund the amount of the home warranty purchase. (AHS is notorious for not covering anything that actually breaks, so this might be the easiest course of action).
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  • 3
  • Contributed Solution: by Wes Verzwyvelt On 01-09-2018
    2 comments
    More info from the policy is needed to determine if the damages are covered under your contract with AHS. Speaking from an adjuster's experience, damages to in ground plumbing or anything for that matter is not covered under a homeowner's policy. This is different since it's a home warranty but lots of times home warranties and homeowner's policies are similar. Home warranties general cover items such as appliance breakdown which would never be covered by an HO policy. Most HO policies limit coverage to pipes and wiring but do pay for damages caused by these items. So if a pipe breaks, the insurer will cover resulting damages to walls, flooring, etc but not pay for actually repairing the pipe. Which turns out to be the cheapest part of the claim. Ironic I know. Seen this during winter time when pipes freeze. Insurance Cos also don't pay for earth movement/settling which could be the causation for the pipe breaking. Was there actual damage to the slab or walls from the broken pipe? Or is your loss restricted to high water bill? Of course in Vegas there's probably a penalty for over use of water. So I can surely understand your frustration. If AHS does state, without exclusion, that it covers malfunction/damage to in ground plumbing then yes they should pay for repairing/replacing the pipe. Look into the fine print to see if it only covers repairs to the pipe and not the actual jack hammering of the slab. If AHS is on the hook for the repairs and the leak was definitely in the garage ( you would obviously know this because your water bill would have decreased) then they are trying to avoid their indemnity. They're doing this by saying the broken pipe is outside the house and not under their blanket of coverage. If you haven't already I suggest researching AHS policy in detail to find the exact coverage. Policies are generally tough to read for the normal person. You may want to ask your state department of insurance for help. Check the policy for exclusions/endorsements to make sure it's covered. If fully covered you may want to file a complaint with the Nevada Dept of Insurance. This is usually a slow process but doesn't cost anything to the insured. If that doesn't work then a nice demand letter from a lawyer sometimes helps. These are usually not too expensive.
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Is this a fair resolution?
  • 2
  • Contributed Solution: by Dev Annand On 01-03-2018
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    I'd suggest a private negotiation and I'd be happy to mediate. On the surface my solution would be the claimant's terms plus a two year free extension of HO the insurance.
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  • 1
  • Contributed Solution: by Sandra Jovan On 01-03-2018
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    I think the claimant's demands are fair but I would also suggest that American Home Shield also add some supervision and better customer support for their reps. Seems they're focused on client acquisition over client satisfaction.
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  • 3
  • Contributed Solution: by Jessica Lothman On 12-29-2017
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    AHS Nevada's parent company is in TN and has many negative reviews according to the BBB: https://www.bbb.org/memphis/business-reviews/home-warranty-plans/american-home-shield-in-memphis-tn-2200102. AHS's requirement to pay this claim depends on the contract and without knowing the terms of the contract it is challenging to fairly assess this claim, but assuming the claim falls under the policy, then AHS should pay for the repair, not the averaged amount, but the real cost of the repair, as well as the fees for this resolution. If there is significant delay, the insurance company should also be responsible for the additional water costs the claimant is incurring while AHS delays payment.
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