Home Warranty Contract Breach of Contract

[Sammiller]

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.

 

[sandyclaus]

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.

Since there was a binding arbitration clause in your contract, and you agreed to it, you must comply with it.

And since the company does business out of NJ, you need to go there to file any claims against them.

 

[Sammiller]

Thank you

Thank you sandyclause, I figured as much. I am sure they will ignore my request for arbitration as well.....

 

[swalsh411]

If they ignore your request for arbitration then you can sue.