Public Mediation

BAD WARRANTY COMPANIES

R. P. vs. Choice Home Warranty
2147 State Route 27 Fl 4, Edison, New Jersey, 08817-3365, United States
    • 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.
    • View response from: Choice Home Warranty
    • Claimant Seeks: 2 non-monetary items.
    • Claim #: 8415763
    • Amount Involved: N/A
    • Filed On: Dec 09, 2010
    • Posted On: Dec 24, 2010
    • Complaint(s):
      • Contract / Agreement / Promise dispute
      • "I just feel ripped off."
      • Bad business practices
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Statement of Claim
What Claimant Wants Hide
What By When How Much
1. Replace: UNITS Dec 24, 2010 N/A
2. Repair: UNITS Dec 24, 2010 N/A
Non-cash: 2 items
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Dear Ralph Pagano,

    The details of your situation with claim 49243188 is not representative of the normal CHW customer experience and we sincerely regret your frustration and discomfort.

    We are committed to providing a positive customer experience and doing the right thing for all our customers, contractors and employees. We take customer feedback very seriously. Among other things, it’s an important component in how we rate our contractors.

    Choice Home Warranty provides home warranty service coverage on the systems and appliances listed as “included” under the terms of the User Agreement. It is important to read and understand the coverage and terms offered by CHW.

    Please be advised that your heating system claim has been denied based on pre-existing conditions, lack of maintenance, as well as rust and corrosion. Please refer to the below contract exclusions:

    IV. COVERAGE (COVERAGE DEPENDANT ON PLAN)
    5. HEATING SYSTEM OR BUILT-IN WALL UNIT
    NOTE: Main source of heat to home not to exceed 5 (five) ton capacity and designed for residential use.
    INCLUDED: All components and parts necessary for the operation of the heating system. For units below 13 SEER and when CHW is unable to facilitate repair/replacement of failed covered equipment at the current SEER rating, repair/replacement will be performed with 13 SEER equipment and/or 7.7 HSPF or higher compliant, except:
    EXCLUDED: All components and parts relating to geothermal, water source heat pumps including: outside or underground piping, components for geothermal and/or water source heat pumps, redrilling of wells for geothermal and/or water source heat pumps, and well pump and well pump components for geothermal and/or water source heat pumps. Access - Radiators or valves - Baseboard casings - Radiant heating – Dampers – Valves - Fuel storage tanks - Portable units - Solar heating systems - Fireplaces and key valves – Filters – Line dryers and filters - Oil filters, nozzles, or strainers - Registers – Backflow preventers – Evaporator coil pan – Primary or secondary drain pans - Grills - Clocks - Timers – Add-ons for zoned systems - Heat lamps - Humidifiers - Flues and vents – Improperly sized heating systems – Mismatched systems - Chimneys – Pellet stoves - Cable heat (in ceiling) - Wood stoves (even if only source of heating) - Calcium build-up - Maintenance. NOTE: CHW will pay no more than $1,500 per covered item per contract term for access, diagnosis and repair or replacement of any glycol, hot water, or steam circulating heating systems.

    VI. LIMITATIONS OF LIABILITY
    1. The following are not included during the contract term; (i) malfunction or improper operation due to rust or corrosion of all systems and appliances, (ii) collapsed ductwork, (iii) known or unknown pre-existing conditions.
    4. CHW is not responsible for the repair of any cosmetic defects or performance of routine maintenance.
    8. CHW is not liable for repair of conditions caused by chemical or sedimentary build up, rust or corrosion, mildew, mold, misuse or abuse, failure to clean or maintain as specified by the equipment manufacturer, missing parts, structural changes, fire, freezing, electrical failure or surge, water damage, lightening, mud, earthquake, soil movement, soil settlement, settling of home, storms, accidents, pest damage, acts of God, or failure due to excessive or inadequate water pressure.
    11. CHW is not responsible for repairs related to inadequacy, lack of capacity, improper installation, mismatched systems, oversized systems, undersized systems, previous repair or design,
    12. CHW is not liable for normal or routine maintenance. CHW will not pay for repairs or failures that result from the contract holder’s failure to perform normal or routine maintenance. For example, You are responsible for providing maintenance and cleaning pursuant to manufacturers’ specifications, such as periodic cleaning of heating and air conditioning systems, evaporator coils and condenser coils, as well as periodic filter replacement.
    18. CHW will not pay for the repairs or replacement of any covered systems or appliances if they are inoperable as a result of known or unknown pre-existing conditions, deficiencies and/or defects.

    After reviewing your contract, you will find that repairs/replacement of this nature are not covered. To view the complete User Agreement, please visit: http://www.choicehomewarranty.com/user_agreement.php

    CHW works very hard to deliver the best service and coverage that we can with integrity and fairness. We continually work to deliver value to our customers in every aspect of our business, and as a result, our renewal rate is among the highest in the industry. We are sorry we could not assist you with this request.

    Sincerely yours,

    Troy McDermott
    Customer Service Manager
    Choice Home Warranty

    "

This claim will remain posted until resolved.

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