Company Response
2/8/2024
Company states; In your correspondence, Ms. Sinohui (the consumer) is requesting First American assist with charges in her account when the contract was cancelled.
First American records indicate the consumer's home warranty contract took effect on June 4, 2023. The consumer placed a claim on November 2, 2023, for the clothes washer not working properly. First American dispatched independent contractor, GS Appliance Inc. (GS Appliance), who reported to find the drum support, drum bearing, washer spin basket assembly, and washer
outer rear tub were damaged and that all parts would need to be replaced. GS Appliance confirmed that this failure was a result of misuse of the clothes washer unit; as such, the recommended repair would not be covered by the consumer's home warranty contract. Please be advised that per the home warranty contract, misuse is not covered. The consumer may refer to their home warranty contract, Limits of Liability, Number Two, which states: "Repairs or replacements required as a result of missing parts, fire, flood, smoke, lightning, freeze, earthquake, theft, storms, accidents, mud, war, riots, vandalism, acts of God, damage from pests, lack of capacity or misuse are not covered by this Contract.
"On November 14, 2023, First American advised the consumer of the denial of their claim and the recommendation that the clothes dryer vent be cleaned. At this time, the consumer advised that they would provide proof the clothes dryer vent had been cleaned and also requested a second opinion contractor be dispatched to dispute the denial of the clothes washer. First American honored the consumer's request and dispatched independent contractor, Black Diamond Appliance Services LLC.
On December 12, 2023, the consumer contacted First American to advise that Ukon Appliance had attended the service appointment, however, only one technician was present. At this time, the consumer advised that they wished to cancel the claim and proceed outside of the home warranty contract. First American reiterated that the clothes washer portion of the claim was currently denied and that use of a contractor outside of the home warranty contract was not covered. On December 28, 2023, the consumer contacted First American to confirm that they had replaced the unit outside of the home warranty contract at this time. On January 10, 2024, the consumer contacted First American to advise that they were open to the possibility of further resolution of their claim.
On January 24, 2024, the consumer confirmed to First American that they wished to proceed with the cancellation of their home warranty contract. First American honored the consumer's request and cancelled the home warranty contract with an effective date of January 17, 2024. Please be advised, no refund was due to the consumer. The cancellation of the home warranty
contract information can be found below:
Cancellation Date 01/17/2024
Days in Force 227
Cost Per Day $2.20
Total Premium Paid $536.00
Cost to Date - $500.02
Admin Fees - $50.00
Claims Cost - $573.40
Refund Due $0.00
Since no refund is due to the consumer for the cancellation of their home warranty contract, First American considers this matter closed.
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