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 providersthat is, third party administrators (TPA) that offer extended warrantiesillegally deny claims, a situation similar to having an insurance claim denied.
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Home Warranty & Extended Warranty Companies
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 retailerit'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 insurancethat's why they are often referred to as extended warrantiesthey "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.
In 2009, a lawsuit was filed against First American Home Buyers Protection, alleging the company employs third-party contractorssome without licensesto 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
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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]
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]
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]
My boiler went bad and Total Protect said they could only put $1,500 toward a replacement. I found my contract with them yesterday and it said annual allowance is $15,000 which makes sense because I needed everything covered especially the boiler. They have caused us many issues by not replacing the boiler...
Posted by Samin Mehrabi
Choice home warranty denied my A/C claim after the tech came over and turned the switch on which caused the compressor to blow up. they claimed it was not a normal wear and tear eventhough the unit is 10 years old and all maintenance have been done. never asked for any records. is there a class action lawsuit against them ? I heard NJ attorney general filed a lawsuit against them in 2015
Posted by Emma Cross
Is there a class action against Choice Home Warranty?
Posted by Anh Nguyen
I have the same issue with Choice Home Warranty. They denied my claim for the AC due to maintenance even without asking for my maintenance records. They are the scam. I would like to be part of any class action against them.
Posted by Josh
Choice Home Warranty is supposed to cover all major appliances including Air Conditioning Unit. My Air Conditioner was not working well so I called the Home Warranty Company to have it repaired. The repair was requested on July 6th. I did not receive a call to address the claim until July 8th. They were busy and having trouble finding a technician. The technician they assigned was not available until July 10th, now 2 more days. I asked for different technician with faster response. They would not offer another technician. The technician came to my house 6 hours late. He never once called to say he will be late. I wasted entire day waiting for him. Upon inspection, the AC Evaporator Coils were said to be leaking the Refrigerant. I asked the service technician to replace them. He told me he must get approval from Warranty Company. Two more days went by, now July 12th, and no response for the claim. This is six days total. I called to complain and they told me claim was denied. The Home Warranty should cover my Air Conditioning Unit. The Claims Supervisor and Claims Manager both state they will not cover the $2,000-$2500 repair due to general liability exclusions. Also, the service has taken 6 full days. This was considered an emergency situation since I live in Texas and its life threatening to not have air conditioning in summer. Claim Supervisor and Manager denied all claims and were extremely rude. This company is well known for denying all claims. Even the contractor said I have a 0% chance of getting this paid. He said they do this all the time to people with evaporator coil issues. Please let me know if there is anything that can be done or if there is a pending class action suit being formed.
Posted by Jenny
I need some help here with American Home Shield warranty service:
We reported the water leaking to American Home Shield on 2/10/2016. They sent the first Plumber to us and the plumber's initial investigation was wrong. He told us he would call us to see whether he could find the parts on the second day. However, we wait for a whole month without responses. I called AHS again and they told me they would call the plumber company. Everytime was the same answer and finally this went to the solution team and they called the company and the plumber came to the house. However, this time they told us they couldn't fix the issue because the wall needs to be broken and the AHS needs to find the third party to do it. We called AHS again and they sent the second company came to do the investigation. This time we told the plumber what was wrong but he told us he knew what was wrong and he would order the parts and fixed it next time. So one week later he came but he did the wrong evaluation so he called AHS and told them we had to break the tile of our bath room to give his access. He didn't tell us how big he needs. I talked to AHS and asked why we need to provide the access to the trouble and I was told the warranty didn't cover the tile broken but only dry wall. So I hired the local contractor to break the tile to provide the access to the plumber with my out of pocket money $100. However, the plumber came and told me the space was not enough. I asked him what the size should be and he didn't provide. I asked AHS to give me the size and they also didn't provide. The plumber sent me an photos without size and this time we thought we cut the wall big enough. The contractor came and told us the space is still not enough. The bath room started to get mold due to the leak and we paid the higher water bill due to the leak too. Now we couldn't remember how many times we have called AHS and they and the contractor are still playing the games. I almost give up and want to fix it on our own money but just feel whether there is some organization existing for consumers. This is like fraud. We paid the insurance and we paid the out of pocket money for the service but the problem is still there for more than 2 months. Anyone can help us here? Thank you so much for any recommendations and solutions.
Posted by Bill
I filed a claim with HSA 13 days ago regarding a leaking hot water heater. Today I still have no resolution. I have been sent on a round robin of calls and hold times and hang ups (they love to say their phone system is having issues which seems like their process to have people give up). I was told HSA would order the hot water heater but it still has not been delivered to the plumber that they assigned to the service. They can't provide an update and always defer to a mysterious parts department that you can't speak with and is always gone for the day (which seems convenient after you are on hold for one to two hours). The replacement will be approximately $2,500 ad they seem to be stalling (or maybe they have bad credit and the wholesaler wouldn't send the water heater). I have offered to have the service done myself if they will send me the claim amount, however they have said I have to fund and they will send a check a few weeks later (I am sure I will never get anyone on the phone when that is an issue). To date, they will not rectify the situation, provide an update, get someone on the phone who can solve the problem, or do anything other than tell me wait more days and call back. Everyone says they will call me back, but they don't. This seems like an outright fraud and breach of warranty to me. I would warn everyone to stay clear of them!
Posted by Anonymus
I think 2-10 warranty is a big joke. KNOT builders Matthews NC built my house in 2011. Just after about a year I saw some crack in ceiling. I contacted builder who said he it's not covered in 2-10 Now I see another crack with the first crack widening. also there were multiple cracks in garage floor but he said it's the concrete and they can't do any thing about it( garage cracks were before I got possession of the house). If any one has any idea how to proceed legally in this matter please let me know.
Posted by wendy brinley
i had the 2-10 warranty, when I had to call the they would always tell me there is a 250.00 charge to come out, and I already paid them up front when I got a brand new double wide,
Posted by naveen kumar
NATIONS RESIDENTIAL SERVICES in Dallas TX. They could not repair my AC and would not replace it even though their contract claims the BENEFIT of having an agreement with them is that you will not be burdened with unexpected large expenses. They are very sweet when they sell you the contract, but become very unfriendly when they are on the hook to pay up. Anyone on this board have any experience collecting from such scammers? Thx.
Posted by Michelle
I am having a awful time with this company . Can someone contact reguarding a class auction lawsuit ?
Posted by Rachel
We bought a house in April with a 12-month home warranty from American Home Shield. Our home inspection revealed NOTHING wrong with our HVAC - both heat and air operated just fine. Shortly after closing, the air went out. AHS sent a tech out to our house to fix it. Great. Well, in mid-October, we turned the air off and the heat on, but NO HEAT actually came on. We called AHS again. They sent a different company out, and that company said the tech who came out in April replaced 1 part with an incompatible part, and removed a vital piece of equipment. And the tech said he wouldn't fix it - - we would have to have AHS send the original company back out. After 2 weeks and a TON of back-and-forth, AHS finally tells us that the company from April is no longer one of their contracted providers because - get this - they had a bunch of complaints about them... So they send the other guys back out. They diagnose the problem... We wait another week... And AHS calls me today to say "too bad, we'll give you the cash to buy a new part to replace the incompatible one (but the compatible one is not actually made anymore so good luck with that), but we won't do anything about the missing part, and we certainly won't replace your furnace". You know, even though their tech is the one that BROKE it in April. So what am I supposed to do? I got the warranty SPECIFICALLY so I wouldn't have any major expenses tied to the new house's MEP systems right off the bat, and AHS is trying to weasel its way out of coverage.
Posted by Sam
I recently purchased the 3 year term with Choice Home warranty. WORST mistake ever. Recently had my dryer breakdown > had a service technician come > opened the dryer door and looked at it > without opening any panels or anything > he determined there was 7 things wrong > Choice Home warranty denied my claim stating it was a pre existing condition > there was no inspection done prior to starting my contract with them > my dryer worked just fine before this > now they are denying the claim stating it was pre existing because they DONT want to pay for the service. This company is a scam and needs to be PUT Out of business. They deny claims on BS reasons and are getting away with this. Wondering how we can file a class action suit against this scammers. Normal wear and tear and the technician even state it was normal wear and tear damage > and they are denying the claim! Please AVOID Choice Home warranty at all cost! Truly mean that. You will regret if you sign up and it will be nothing but a headache.
Posted by Diana
AHS would not cover the repair of AC although I have a home inspection report that we did during the purchase of the house. They claim it is too close to the wall which caused the generator to burn after 12 years??? how did it last the entire life expectancy which is 10-15 years. We have been without AC for 2 weeks in 90-100 degree weather with 2 toddlers.
Posted by David Silverstein
Silverstein v. First American Home Buyers Protection Corp. scheduled for hearing 2:30 PM, Bexar Justice Court Precinct 1, Place 2, 9/18/15. Petitioner alleging Breach of Home Warranty Contract after substantial compliance and replacement of items, initially denied coverage with the complicity of Respondents 24 Karat Pool and Spa Services, Jim Hanson, Owner, and Lucas Home Services, James Lucas, Owner. Petitioners are due promised reimbursements after initial cash outlay to fourth subcontractor; Petitioner was placed in agency role and required to "loan" moneys to FA based upon promised reimbursements. Essentially, a breach of Contract and agency without a license. Full documentation available; Texas Real Estate Commission (TREC) Ms. Cindy Mahoney apprised of progress of the case. Any interested persons may see file and be apprised of the outcome before Justice William E. Donovan.
Posted by jsid sidd
please let us know,if you have a planned/pending class action law suite against: totalprotect.com (cch.com) home warranty company. There are many people across america,who are writing complains over the facebook page of totalprotect home warranty company. many are requesting to add their names in class action law suit against .total protect home warranty company(CROSS COUNTRY HOME WARRANTY). we can give specifics on denied claim if necessary. anyone please help....:(
Posted by Sandra Guidry
If you have a planned/pending Class Action Lawsuit against Choice Home Warranty Company, I would LOVE to be included! Can give specifics on denied claim if necessary! This company is a SCAM, cheating people like myself. They only pay small claims.
Posted by Texas
I was provided a home warranty with Choice Home Warranty as part of the house sale when I purchased. Literally 2 months after I closed, the a/c started making a HORRIBLE noise. Turns out the ball bearings on the motor etc were bad. The contractor fixed the issue but then Choice DENIED the claim stating my contract was "too new". I have had this contract since May and it is now August. How "old" does the contract need to be before they honor the terms of the contract? I have the Total Plan and they are purposefully trying to deny the claim so they can pocket the funds and screw over the homeowners. The only people that benefit form these scams are realtors (who push the product), contractors and of course the warranty company. A CLASS ACTION AGAINST CHOICE HOME WARRANTY needs to be happen as well.
Posted by Texas
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
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
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
American Home Shield
Denies coverage. Trying to fix faulty home items by sub-par contractors who charge you for each visit.
Posted by Texas
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
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
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
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
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
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
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
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.