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I have a Home Warranty Contract, The contract states, inter…

I have a Home Warranty...
I have a Home Warranty Contract, The contract states, inter alia;Covered: All component and parts of ducted air conditioning systems etc.Not Covered: There follows a list of items not covered, these are not relevant to this issueThe following statement appears below the above Clause
;
Note: we will only pay $10 llb towards the cot of refrigerant.My a/c compressor required replacement the Warranty Company has offered to pay $372 for a new compressor leaving me to $700 to pay for the refrigerant. I consider refrigerant is a 'component part' of the a/c system and should be covered.I consider the 'Note' only applies to 'topping up' the refrigerant as a new the compressor cannot operate without it.QUESTION: Which takes priority the COVER or the NOTE?
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3/15/2018
Wendy
Wendy, Moderator
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Customer reply replied 1 month ago
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Gerald, Esq
Gerald, Esq, Attorney
Category: Consumer Protection Law
Satisfied Customers: 5,107
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. I am sorry for the delayed response. The moderator reached out to me and asked if I could review this for you. Please bear with me. I am preparing your answer now.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am afraid that you are going to be unhappy with my response to you. I understand your reading of the agreement, but based on your description the limitation is going to control.

The agreement states that they are limiting the reimbursement of refrigerant. That is a specific limitation. The courts read contracts in a manner to give specific provisions greater weight than general provisions.

So it is unlikely that you would be successful in a lawsuit over this.

BUT you can still file a complaint with your state attorney general on an unfair trade practice complaint. It will not cost you anything to make the complaint AND you never know they may decide the contract is too poorly written to bind you to the limitation. Sort of a longshot, but it doesn't cost you anything to try.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 month ago
Gerald,
Thanks for you thoughts which understood and appreciated. I have a some experience of UK insurance policy wording,
I would like to have a better understanding of USA policy drafting before raising the matter with the Florida Consumer Affairs Department or, as provided by the contract putting the dispute to arbitration.Do you consider the last paragraph is reasonable?To reiterate the warranty states:-COVERED: All parts and components.In my view if it is the intention not to cover ‘components’ they should be listed under items ‘NOT COVERED’, in this case the wording might be:-NOT COVERED: The cost of the supply of refrigerant, to new or existing air conditioning systems, in excess of $10/lbIt is contradictory and poor drafting to state components are COVERED then add a qualifying NOTE excluding them.It is surely generally accepted that refrigerant as a whole is a component of a new compressor, it would not operate without it. In my opinion it is fair and reasonable to assume that the NOTE applies to a supply of refrigerant resulting from subsequent leakage i.e topping up.

I agree that it is not well written.

I believe that youwill find that the refrigerant will not be considered a component. The compnet parts are the mechanical parts of the HVAC system. It will include tha fans, the ductwork, lines, etc. Fluids, lubricants, refrigerant are not normally included as compnent parts.

I understand that you probably disagree with that. BUT I think that is how the distinction is going to be made.

More importantly is my original point. In the US where there are two provisions of a contract addressing the same or similar subject, the more specific clause will be given greater weight. So even if the refrigerant is a compnent part where the specific provision relating to refrigerant has a limitation, that limitation will control.

I hope I'm wrong in your case, but I think you will find that will be how this plays out.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald, Esq
Gerald, Esq, Attorney
Category: Consumer Protection Law
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Customer reply replied 1 month ago
Gerald,
Thanks for your thoughts, I have suggested the matter is determined by arbitration. I have some hope as I read a technical article on howa refrigerator works, it stated they consist of five parts ( required to make thrm work) namely:-
- Compressor
-Heat-exchanging pipes (serpentine or coiled set of pipes outside the unit)
-Expansion valve
-Heat-exchanging pipes (serpentine or coiled set of pipes inside the unit)
-Refrigerant (liquid that evaporates inside the refrigerator to create the cold temperatures)I will be interested in the outcomeRegards,
Anthony Dunlop
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