Consumer Law, Warranties Sears cancels my fridge warranty

[beemer]

Hello, I bought a sears extended service warranty for our Sears Fridge. A week later it dies, the service man comes out, says it was pre existing because it is cleaned out. Charges us $250 to fix and denies the warranty claim.

I call Sears, they say because it is up to the repairman to determine if it was preexisting, they have to go with his call. That and the fact the fridge was called in for service earlier, but cancelled because it started working.

When i bought the warranty, they only asked if "it is working" which it was.

Through discussions with sears in attempting to get a refund on the service charge, they have cancelled the service warranty, even though now they know it works. They new it had had problems before I bought the warranty, three times it was called in over the years,but cancelled because it started working again all by itself. They made no mention of pre-existing issues nor a requirement to come check the fridge out, which they did not even with the info at their fingertips.

I want the warranty back, I want the service charge dropped. Is this a breach of some law to cancel a warranty contract because they don't like how it's going?

bmw

 

[presutin]

Go back to your fridge warranty papers and see if there is a clause there regarding what will cause the warranty to be cancelled or void. Hope this helps!

 

[beemer]

Pre existing conditions is a stated cause for cancelation. Material misrepresentation is a cause for canceling the warranty. Neither of these two events are valid IMO because 1) Sears knew I had called for service and cancelled the call, Sears knew I had done this three other times. Sears then sold me the warranty, then when i filed for repair, they cancelled the warranty. 2) The minute the service man did repair the fridge on my dime, they now know it's fully servicable, so then they cancel the warranty? That dosn't make sense, other than to be punitive and abusive.

Thoughts?

 

[beemer]

I sent Sears a demand letter asking for refund of repair money and reinstatement of warranty. Time has expired, What luck will I have getting them into small claims court in Az?