What is the name of your state? NJ, but defendant is in NYC.
I've never sued anyone before, so please excuse some silly questions.
Here is the background. We purchased a Home Warranty plan on 10/19/06 that covers all appliances in the house as well as the air conditioner and heating system. There is a 30 day grace period when you sign up, so the policy actually started 11/19/06. The reason we took the policy is our boiler had a water leak in the fill valve on 10/16/06, and the oil company's warranty didn't cover this part since it didn't touch oil, so we had to have a plumber come repair the leak. On 4/19, the boiler cast iron tank cracked and leaked. We called the warranty company for a claim and they sent out a plumber to inspect who indicated the boiler was shot and it needs replacement. Two days after the inspection, the warranty company requested all the maintenance records, which I gladly forwarded to them. The last item on the records showed a water leak and when the Warranty Company ("WC") called the oil company, they were told that they didn't fix it, so the WC denied the claim stating the problem was pre-existing. The following day I faxed over the receipt for the repair and they reopened the claim. As of 5/4, they denied the claim again stating it was a pre-existing condition even though all the invoices show the repair was completed before the policy started. I was told that a dispute representative would call me on Friday, and to this date (wednesday), I haven't been able to get anyone on the phone, getting the complete runaround.
Here's my questions:
1) We've been out of heat since 4/19, and the house is 62 degrees. Since the contract specifies that the WC will send an authorized plumber to replace the unit, if I replace the unit with my plumber, will this cause a problem in court and the claim denied? Want to make sure I don't go to court and find out that the WC won't cut a check (when they lose) because they didn't supply a plumber for the job.
2) I have my last weeks worth of conversations with the WC recorded. Are these recordings admissible in court? I didnt indicate I was recording as I wouldn't have gotten the responses I did.
3) All employees there refuse to provide the owners contact information, "for security reasons". I can just sue the company and I assume that the owner would be responsible, but should I also list all the contacts I've spoken with, and have recorded, as defendants in case they need to be put on the stand? My concern is that if those contacts aren't in court and I provide a transcript of my conversation with him, or recording, it will become hearsay.
4) Do I have to supply the transcripts or recordings to the WC in advance?
5) My expert witness is the plumber who replaced the leaking valve, and is my father. Will this cause an issue in court since he's related? or is he still considered an expert witness no matter what since he's a licensed plumber in NJ for over 30 years?
6) I have pictures of the part that was replaced in October (it's still shiney and new). I have a little movie indicating the time and date showing the temperature of the house at 62 degrees. I am getting a written estimate from the plumber that the WC provided as well as my father for replacement of the boiler. I have all the conversations recorded (or I can transcribe them if the recordings aren't admissible). I have the maintenance records for the last 2 years as well as the invoice from my father for the repair on the leak. I have my contract information from the WC. Is there any other documentation that I would require?
7) In small claims court, do I put people on the stand, like in the movies? Or do I simply state my case, like you see on Judge Judy? (do I watch too much TV?
)
I want to make all my ducks are in a row before I file, and that nothing will bit me in the butt later.. any assistance would be greatly apprecaited..
Thanks all!
efrost
I've never sued anyone before, so please excuse some silly questions.
Here is the background. We purchased a Home Warranty plan on 10/19/06 that covers all appliances in the house as well as the air conditioner and heating system. There is a 30 day grace period when you sign up, so the policy actually started 11/19/06. The reason we took the policy is our boiler had a water leak in the fill valve on 10/16/06, and the oil company's warranty didn't cover this part since it didn't touch oil, so we had to have a plumber come repair the leak. On 4/19, the boiler cast iron tank cracked and leaked. We called the warranty company for a claim and they sent out a plumber to inspect who indicated the boiler was shot and it needs replacement. Two days after the inspection, the warranty company requested all the maintenance records, which I gladly forwarded to them. The last item on the records showed a water leak and when the Warranty Company ("WC") called the oil company, they were told that they didn't fix it, so the WC denied the claim stating the problem was pre-existing. The following day I faxed over the receipt for the repair and they reopened the claim. As of 5/4, they denied the claim again stating it was a pre-existing condition even though all the invoices show the repair was completed before the policy started. I was told that a dispute representative would call me on Friday, and to this date (wednesday), I haven't been able to get anyone on the phone, getting the complete runaround.
Here's my questions:
1) We've been out of heat since 4/19, and the house is 62 degrees. Since the contract specifies that the WC will send an authorized plumber to replace the unit, if I replace the unit with my plumber, will this cause a problem in court and the claim denied? Want to make sure I don't go to court and find out that the WC won't cut a check (when they lose) because they didn't supply a plumber for the job.
2) I have my last weeks worth of conversations with the WC recorded. Are these recordings admissible in court? I didnt indicate I was recording as I wouldn't have gotten the responses I did.
3) All employees there refuse to provide the owners contact information, "for security reasons". I can just sue the company and I assume that the owner would be responsible, but should I also list all the contacts I've spoken with, and have recorded, as defendants in case they need to be put on the stand? My concern is that if those contacts aren't in court and I provide a transcript of my conversation with him, or recording, it will become hearsay.
4) Do I have to supply the transcripts or recordings to the WC in advance?
5) My expert witness is the plumber who replaced the leaking valve, and is my father. Will this cause an issue in court since he's related? or is he still considered an expert witness no matter what since he's a licensed plumber in NJ for over 30 years?
6) I have pictures of the part that was replaced in October (it's still shiney and new). I have a little movie indicating the time and date showing the temperature of the house at 62 degrees. I am getting a written estimate from the plumber that the WC provided as well as my father for replacement of the boiler. I have all the conversations recorded (or I can transcribe them if the recordings aren't admissible). I have the maintenance records for the last 2 years as well as the invoice from my father for the repair on the leak. I have my contract information from the WC. Is there any other documentation that I would require?
7) In small claims court, do I put people on the stand, like in the movies? Or do I simply state my case, like you see on Judge Judy? (do I watch too much TV?
)I want to make all my ducks are in a row before I file, and that nothing will bit me in the butt later.. any assistance would be greatly apprecaited..
Thanks all!
efrost
