What is the name of your state (only U.S. law)? Texas
I have a contract with a home warranty company located in nj I purchased over the phone in 6/11 for 1 year term. Filed claim for bad A/C unit in 1/12. Denied due to no maintenance records over the prior year that they did not ask me for. I produced 2 performance/maintenance reports on maintenance I had done on the unit and forwarded to them immediately. Still denied.
Sent 3 certified letters along with emailing company requesting reason for denial. No response. 2 of those letters were to Officers of the Company.
My contract states" In the event of a dispute over claims or coverage you agree to file a written claim with said company and allow them thirty (30) calender days to respond to the claim"
I sent a Certified Letter stating I disagreed and awaited the 30 day for them to respond. Absolutely no response again.
After 30 days, I emailed and sent another certified letter letting them know that they did not respond within the 30 days as my contract states. The contract goes further stating " The parties agree to mediate in good faith before resorting to mandatory arbitration".
My question is, the company breached the contract, not I. Am I still tied into this company to pursue mandatory arbitration or can I sue in small claims as they breached the contract?
Also, since I contracted this over the phone in my state of Texas and this company does do business in Texas; can I sue here or must I file in NJ, where they are based?
Thank you in a advance for your time.
I have a contract with a home warranty company located in nj I purchased over the phone in 6/11 for 1 year term. Filed claim for bad A/C unit in 1/12. Denied due to no maintenance records over the prior year that they did not ask me for. I produced 2 performance/maintenance reports on maintenance I had done on the unit and forwarded to them immediately. Still denied.
Sent 3 certified letters along with emailing company requesting reason for denial. No response. 2 of those letters were to Officers of the Company.
My contract states" In the event of a dispute over claims or coverage you agree to file a written claim with said company and allow them thirty (30) calender days to respond to the claim"
I sent a Certified Letter stating I disagreed and awaited the 30 day for them to respond. Absolutely no response again.
After 30 days, I emailed and sent another certified letter letting them know that they did not respond within the 30 days as my contract states. The contract goes further stating " The parties agree to mediate in good faith before resorting to mandatory arbitration".
My question is, the company breached the contract, not I. Am I still tied into this company to pursue mandatory arbitration or can I sue in small claims as they breached the contract?
Also, since I contracted this over the phone in my state of Texas and this company does do business in Texas; can I sue here or must I file in NJ, where they are based?
Thank you in a advance for your time.
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