How to get home warranty company to pay what is owed?

UPDATED: Sep 30, 2022

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How to get home warranty company to pay what is owed?

I bought a home warranty policy a few months after we bought our house. Both of my HVAC units went out while under the policy and I called the home warranty company to come out to have checked. Both units went out for different reasons and should have been covered under the warranty. The warranty company is now telling us that we need to provide 3 years worth of maintenance but we have not even lived here for 1 year so there is no documents to provide. They stated that they have the right to only provide us up to $150 per unit since we cannot

provide this information. This is why we got a warranty to begin with. Do you have any suggestions on how I can at least get my policy amount reimbursed or how to get the claim to be paid?

Asked on August 5, 2016 under General Practice, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Read the warranty you purchased: a warranty is a contract, and it is enforceable as per--but only as per--it's plain terms. If you believe that under the plain language of the warranty, they should pay more, you can sue them for breach of contract to get the money to which you are entitled. But if the warranty's terms support their position, there is probably nothing you can do; you likely bought a "bad" warranty, unfortunately, one that doesn't help you much, but you are legally held to the terms of the warranty you purchased.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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