Home warranty company

[labuckeye]

I am in the process of suing my home warranty company in small claims court for rejecting a valid repair to the plumbing under my house by citing the excuse of it being a "pre-existing condition". First the claims department rejected it saying that it was a pre-existing condition. However, I sent them my seller's disclosure and the home inspection report I obtained before I bought the house, which clearly demonstrated that this problem was unknown and therefore not pre-existing. The only way the problem was found was due to a city of fort worth plumbing pressure test on some new plumbing I had put in the bathroom and kitchen as part of a remodeling project. My house failed the pressure test and the cause was the galvanized sewer line directly under my house had rotted out in a spot or two. They obtained 2 quotes for the job and they both were at just over $2000 and it was sent to their claims department. The claims department rejected it again saying they wanted a third opinion. I said no way since my remodelling project had already been delayed by 2 weeks since no work was allowed to be performed on the house until the plumbing test was passed. Needless to say, I contracted with my plumber, who had provided one of the quotes, to perform the required repairs, and I am now suing the home warranty company (HWC) for reimbursement.

After I filed my small claims suit, the HWC's reply was once again that it was a pre-exisiting condition. I need to file a motion of discovery to obtain all of the internal documentation that the HWC has on my case and a motion of discovery for the customer service employees full names and addresses who I talked with as part of filing my claim with the HWC, so that I can subpeona them.

Could you provide me with any sample legal documents that would help me with motions of discovery and obtaining information about witnesses in order to subpeona them? Also, is there a definition of "pre-existing conditions" for home warranties? I have one for life insurance policies which I could modify to apply to my home warranty. I want to have that for the jury when I go to trial.

Thanks in advance,
Dan

 

[Michael Wechsler]

I am in the process of suing my home warranty company in small claims court for rejecting a valid repair to the plumbing under my house by citing the excuse of it being a "pre-existing condition". First the claims department rejected it saying that it was a pre-existing condition. However, I sent them my seller's disclosure and the home inspection report I obtained before I bought the house, which clearly demonstrated that this problem was unknown and therefore not pre-existing. The only way the problem was found was due to a city of fort worth plumbing pressure test on some new plumbing I had put in the bathroom and kitchen as part of a remodeling project. My house failed the pressure test and the cause was the galvanized sewer line directly under my house had rotted out in a spot or two. They obtained 2 quotes for the job and they both were at just over $2000 and it was sent to their claims department. The claims department rejected it again saying they wanted a third opinion. I said no way since my remodelling project had already been delayed by 2 weeks since no work was allowed to be performed on the house until the plumbing test was passed. Needless to say, I contracted with my plumber, who had provided one of the quotes, to perform the required repairs, and I am now suing the home warranty company (HWC) for reimbursement.

After I filed my small claims suit, the HWC's reply was once again that it was a pre-exisiting condition. I need to file a motion of discovery to obtain all of the internal documentation that the HWC has on my case and a motion of discovery for the customer service employees full names and addresses who I talked with as part of filing my claim with the HWC, so that I can subpeona them.

Could you provide me with any sample legal documents that would help me with motions of discovery and obtaining information about witnesses in order to subpeona them? Also, is there a definition of "pre-existing conditions" for home warranties? I have one for life insurance policies which I could modify to apply to my home warranty. I want to have that for the jury when I go to trial.

Without an attorney, you'll probably want to use the information subpoenas that can be provided at the courthouse and cost a few dollars to be signed by the clerk. They are simple and easy to understand. Be prepared to add paper with a list of items to be subpoenaed and make sure that the list is relevant. In addition to paperwork on your home, you'll probably want to request information on their policy handbook with regard to "pre-existing conditions" and how and when a "third opinion" is an appropriate request.

Regarding witnesses, etc. you first need to identify whom those people are. You can make requests in the information subpoena and also request the name and address for those people where they can be contacted. Most of the time the more elaborate information subpoenas would not do well in "the people's court" in Small Claims court. They give you leeway and the clerk's office might even help you. I'd think about what I would need relevant to the case and do my best to type that up on a separate piece of paper and attach it to the subpoenas you'll get from the courthouse. Let us know if you require more assistance and definitely follow up with us and let us know how things are progressing! Good luck!

 

[labuckeye]

Thank you

Thanks. I will let you know how things progress.

Dan

 

[Duranie]

You can also contact a news station in your area. Most have some type of mediation/consumer help line that handles complaints just like these. Maybe the threat of some bad publicity will get them to change their mind.