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Home Warranty Lawsuit (Extended Warranty Contracts)

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Lawsuits have been filed against various home warranty companies alleging the companies practice bad faith insurance. Specifically, customers allege in these home warranty lawsuits that home warranty providers—that is, third party administrators (TPA) that offer extended warranties—illegally deny claims, a situation similar to having an insurance claim denied.

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Home Warranty & Extended Warranty Companies

americanhomewarrantyclaimform Home warranty companies offer extended warranty service contracts to cover the repair and replacement necessary to keep appliances and other mechanical systems in a home in working order. Often, a retailer such as Best Buy, Wal-Mart, Sears or Home Depot, will offer customers an extended warranty that would provide insurance coverage on their purchase beyond the typical one-year warranty coverage that the manufacturer (e.g., Amana, Maytag, Whirlpool, Viking, Miele, Kenmore) would provide. The extended warranty is not managed by the retailer—it's simply offered by the retailer at the time of purchase. The companies that provide extended warranty contracts are called third party administrators (TPA), some of which are listed below.

Systems and appliances that may be covered by a home warranty include heating systems, central air conditioners, garbage disposals, ovens, dishwashers and refrigerators. Optional coverage can often be purchased on pools, spas and other devices.

Home warranties are meant to cover damage caused by normal wear and tear, not damage that involves pre-existing conditions, owner's negligence or extraordinary use. Furthermore, home warranties are not meant to overlap with a manufacturer's warranty or homeowner's insurance—that's why they are often referred to as extended warranties—they "extend" beyond the warranty coverage provided initially by the manufacturer.

Home warranty insurance or extended warranty contracts are provided by companies such as American Home Shield, First American Home Buyers, Old Republic Home Protection, Cross Country Home Services, Fidelity National Home Warranty and 2-10 Home Buyers Warranty.

Home Warranty Bad Faith Insurance


Home warranty lawsuits have been filed against various home warranty companies alleging they are guilty of practicing bad faith insurance. Bad faith insurance occurs when a policyholder's claim is improperly denied or delayed by an insurance company. Bad faith insurance can include practices by the insurance company such as not filing out paperwork in a timely manner, failing to conduct a proper investigation into a claim or using unreasonable grounds to deny a claim.

Home Warranty Lawsuits

In June 2011, a lawsuit was filed against American Home Shield by a couple who alleged the company improperly denied claims on the grounds of "lack of maintenance" or "preexisting condition," even though no inspection of the appliances in question was carried out at the time the policy was issued. The lawsuit, which seeks class-action status, further alleges that contractors were paid a bonus for denying claims.

americanhomewarrantytechnician In 2009, a lawsuit was filed against First American Home Buyers Protection, alleging the company employs third-party contractors—some without licenses—to service customers' claims. Because the company pays its contractors so poorly, according to the lawsuit, the only way the contractors can make money is to cause a denial on claims, refuse expensive claims or perform cheap fixes. The lawsuit further alleges that First American trains its employees to deny legitimate claims, refuse to authorize necessary repairs and replacements, and delay the claims process for so long that the customer gives up and pays out of pocket to cover repairs that should have been covered by their extended warranty.

In 2010, a lawsuit was filed against Fidelity National Home Warranty Company, alleging the company improperly rejected claims made by customers. Furthermore, the lawsuit alleges that the company denies legitimate claims and trains its service providers to do so while refusing to authorize replacement of appliances.

Home Warranty Insurance Legal Help

If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a Home Warranty lawyer who may evaluate your claim at no cost or obligation.

Last updated on May-7-15

HOME WARRANTY INSURANCE LEGAL ARTICLES AND INTERVIEWS

Persistence Pays Off for Chapel Hill Extended Warranty Plaintiffs
Persistence Pays Off for Chapel Hill Extended Warranty Plaintiffs Chapel Hill, NC: A couple from Chapel Hill who brought a Home Warranty Lawsuit against the contractor and a supplier of their custom-built home encountered a few setbacks in their litigation. But they stuck with it and late last year were rewarded with a partial victory by the North Carolina Supreme Court [READ MORE]

Home Warranty Insurance and the Manufactured Home
Home Warranty Insurance and the Manufactured Home Washington, DC: It’s an extended warranty question that was bound to come up sometime and begs to be asked: when we have a conversation about home warranty insurance, where are the jurisdictional parameters when it comes to manufactured homes? Not mobile homes or trailers per se, but large buildings complete with front porches and the like [READ MORE]

Home Warranty Complaints Top Popular Online Resource
Home Warranty Complaints Top Popular Online Resource Toronto, ON: Most people know Angie’s List as a straight-up and popular resource for getting the scoop on service providers: which ones are good, and those you may want to avoid based on member reviews and other criteria. And members have a lot to say about home warranty insurance [READ MORE]



READER COMMENTS

Posted by
Texas
on
I purchased a brand new house in 2006 from Centex. They offer me a 10 year manufactures warranty thru RWC (Residential Warranty Corporation) 2 years ago my a/c unit went bad and call them, well they said, your unit has a limited manufacture warranty and that specific unit expired 2 years ago, and at the time I was on my 7th year, the repair came out my pocket $3.500 later problem fix. Now I'm on my 9th year, and 3 months ago I tried to switch home owners insurance and they were not able to provide insurance due to some cracks on the exterior walls which I did not even knew about it, tried to contact RWC again and they give me some technical engineering explanation about 3/8 of an inch gap and about a foot long. Well a gather all the info and pictures they ask for it, and now I just got a letter that is telling me,they review my warranty and I'm only have a limited warranty on the verneer brick for the first year after they build it. One of the things I have learn about insurances and warranties is that they are constantly changing the rules and every time I think about it I get frustrated, due to the fact that I'm buying a product that I'm afraid to used.

Posted by
Connecticut
on
I purchased three policies with Stanley Warranty (NJ). Since then for five claims, they did not send a single representative to service claim. For two claims, they asked me to get it fixed myself and did not reimburse later. On remaining, they did not respond at all! When I approached to cancel the policy, they will not return any money. On top of it, they sent me a threatening e-mail! TOTAL FRAUD!

Posted by
Michigan
on
Bought a new home from Toll Brothers for $700,000. The home purchase agreement and warranty clearly states that “Basement Damp-proofing: Bituminous coating on exterior, below-grade concrete walls (10 year manufacturer's warranty).” The walkout basement is damp and builder is not doing anything about it.

Posted by
California
on
American Home Shield

Denies coverage. Trying to fix faulty home items by sub-par contractors who charge you for each visit.

Posted by
Texas
on
Choice Home Warranty denied my claim to repair my heating system. I paid $1,650.00 for 3-yr + 6 mo. free coverage. They told me the plan I bought only covers two out of three units I have, so I need to pay the difference to cover the third unit. I told them how many units I had when I bought the policy, and nowhere do they state that I have to pay additional monies to cover a third unit. My invoice from them simply states: TOTAL PLAN: Clothes Dryer, Clothes Washer, Refrigerator, Air Conditioning System, Heating System, Water Heater, Electrical System, Plumbing System, Plumbing Stoppage, Built-In Microwave, Oven/Range, Stove, Cooktop, Dishwasher, Garbage Disposal, Ceiling & Exhaust Fans, Ductwork, Garage Door Opener, Whirlpool Bathtub.

Posted by
Tennessee
on
In Feb of this year, we paid Sensible Home Warranty $994. We have never had to use them and I just found out on the web they are closed. According to something I found on the web, they were already shut down in at least one state back in 2012. They have not returned our money or notified us at all. $994 in 6 months and never used. Please help. Thank you.

Posted by
Texas
on
Since we bought the home in June 2011, we have been fighting with the A/C company all summer long, ever summer. They are constantly sending someone out to "fix" my A/C. It has never worked for more than a week at a time. I am prompted to seek legal help because I cannot fathom another nightmare of a summer with my kids in the house that is just as hot as it is outside, if not hotter! This warranty was included as "peace of mind" for us when we bought the house, and obviously we have renewed it every year for fear of having to pay for the A/C issues ourselves. Please help!

Posted by
Tennessee
on
Claim denied. Cancelled policy. Was subject to a 25% cancellation fee in November 2011. It's February and I haven't received a refund and no one will return my calls. I've called and they have ONE representative who changes her name with every call and there's never anyone else available.

Posted by
Anonymous
on
we have an active policy at a home up for sale with AHS and have never had a problem with that one so we got one on the new home. we have been here since august of 2013 and have had 3 claims denied, one that we were told since I have medications that have to be refrigerated at an even temperature and the refrigerator at first was freezing everything and then stopped working all together on a sunday. we called and were told to put the medication in a neighbor's fridge as they could not get anyone out to DIAGNOSE the problem before 5 days and then they would be looking for parts for a fridge from 1991 Montgomery Wards (none exist for years), parts were not available but they would not replace. we were told we could replace it ourselves and then apply for reimbursement so we did and reimbursement was denied as we did not wait the 5 days for the tech to come out and diagnose it. now this week they are doing it again to us. we have an electric tankless water heater, which they were aware of when we got the policy, and they have no contractors that can work on electric ones, only natural or propane gas. so they authorized outside service but will not allow me to use the one place that had put in the system because they won't wait for 90 days for payment. I am disabled and medically homebound, they do not care that I need hot water daily for part of my respiratory therapy. the original installer came out and diagnosed it, parts are not available as the manufacturer is defunct, and here it is 5 days later and AHS hasstill not found another place other than our current one that works on electric tankless water heaters. they refuse to reimburse us or pay direct the company that has all they need to replace the unit ready to be installed since three days ago. they can't even get a tech out here or found one that can do electric yet so it will be whenever they can get someone out here. then it will be someone who will diagnose it and have to look for parts as they won't let them replace it. since we do not have the funds to replace it ourselves and it has to be paid up front due to the cost of the unit, we have no credit cards and can't get a loan since we still have two mortgages, therefore if we want hot water we have to boil it. AHS for the last two years on the old house and for this whole time we have been in the new house, have denied every claim and refused repairs even when we have waited 3-5 days for their tech to come out. they would not fix the leaky bathtub faucet because it was too close to the faucet and they don't do faucets only pipes and they would have had to remove the faucet to fix the pipe. cost us $75 twice now in the last 3 months for them to diagnose the problem and tell me they don't or can't or won't fix it. stay away from AHS it is a ripoff.

Posted by
Alabama
on
American Home Shield has sent plumbers to my home on three separate occasions for the same problem with the same toilet, and refuse to replace the improperly functioning appliance.

Posted by
California
on
The water dispenser system in my refrigerator in my rental property was not working. I called Fidelity with whom I have my home warranty. The TP service provider 'A1' charged my tenant $75 for the electrical wiring that got cut inside the refrigerator door. As per Fidelity, it is not normal wear and tear as it was cut. The reasoning provided by the technicain was that the wires were assembed so close to the door that over a period of time, opening the door cut the wires. These are wires inside the refrigerator door.

Posted by
Virginia
on
AHS would not repair a bad A/C unit. We have been w/o AC for 2 weeks in a 90-100 degree weather with 3 small children (less than 3 years old) in the house. We would like AHS to cover the repair of the unit and other misc cost we have covered as part of the dispute process.

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