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Replacement value include warranty items?

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Rocket88

Junior Member
What is the name of your state? Florida

I'm having issues with State Farm. Lightning took out everything electronic in my house including my hot tub. My Home Owners policy is "replacement value" or at least that's what I thought I was buying into. Further reading says they have the right to "repair" any damaged goods. Thus far, I've been acting like a circus dog jumping through hoops for them, but they have replaced most of my items.

My biggest issue is my hot tub. State Farm wishes to "repair" it rather than replace it. This would be all well and good except I still have a warranty on the tub, which will become null and void once the service tech agrees lightning took it out. I raised this issue with State Farm, who told me they don't care about my warranty. They said, if I want a tub with a warranty, then what ever money that they decide to provide for repair, I could use that towards a new tub. To me this is like saying I have to go out and purchase with my money something that I already own...a tub with a warranty.

For claiification, I contacted the repair guys who told me that they'd give me one year parts and labor warranty on the replacement parts. However, this is still less than the balance of my existing warranty. As a believer in Murphy's law, and knowing that it costs $1500 to replace the spa pack, I don't feel this is right. He also told me that worse case, the tub would cost $3000 to repair or $8500 to replace, less any trade in value I might be able to get out of him.

So the legal question is, does not State Farm have the legal duty to make me "whole"? Repairing the tub alone will not make me whole. I thought they had to restore me to a better than or equal to state of affairs. This is a case of being less than. If I had no warranty, I'd have to agree, but this is not the case. Is it??

Thanks for the help.

TC

What is the name of your state?What is the name of your state?What is the name of your state? FLORIDA
 


xylene

Senior Member
Why can't the hot tub be repaired by an authorized repair person? (Ask them this question)

Agree to repairs, but insist on repairs that do not void your warranty.

Good luck

----

Sometimes it make me break out in a cold sweat!
One two three four!

Hot tub! Ha! Da!
Ah-full of water!
I say hot tub! Ha!
Day! Ba! Very, very hot... Very hot! Da!
Hot tub! Gonna get ya hot-a!
Gonna make ya sweat! Hey! Say!
Hot tub! Rub a dub in the hot tub!
Rub a dub with me!

Should I get in the hot tub?
(Yeah!)
Will it make me sweat?
(Yeah!)
Should I get in the hot tub?
(Yeah!)
Will it make me wet?
(Yeah!)
Well, well, well...

Hot tub! Ah!
Get in!
Gonna get in the water!
Gonna make me sweat! Ah!
Here I go in the hot tub!

HHHHIIIGGGHH!!

Too hot in the hot tub! Ma!
Burn myself!
Make it cooler!
Good God!
Gonna make me...

I'm gonna get in the hot tub..
I'm gonna get in the hot tub..
I'm gonna get in the hot tub..
Ha! Lilin! Lidilin! Eh!
A gonna make me sweat-ah!
Dah! Gonna make me sweat!
Gonna make me sweat-ah!
Dah! Gonna get me in the hot tub!
I can't stand it!
Here I go! I can't stand it!

Here I go in the hot tub!
Gonna get in the hot tub!
Gonna get it wet-ah!
Good God!
HHHIIIIGGHHH!! Ha!
Good God!
Rub a dub!
In the hot tub!
Rub a dub with me!
Good God!
Rub a dub in the hot tub!
Gonna set me free!
 

Rocket88

Junior Member
The repairs would be made by the dealer, however due to lightning being the cause of the damage, it voids the existing warranty. The dealers one year parts and labor on the repaired parts is less than the balance I presently have on my warranty, thus my addittional loss.

TC
 

moburkes

Senior Member
The problem is that you are expecting to replace a used hot tub with a new hot tub. They are not required to do that. So, unless you expect them to find you a replacement hot tub that is also used (I'm guessing you don't want that), they are NOT going to replace it with a new one.

Replacement cost is NOT automaticac, unless the item that it is replacing is unusable. Read your policy.
 

Rocket88

Junior Member
Yeah, I guess you're right. Silly me. I figured they'd have to make me "whole". That's the purpose of insurance isn't it? to restore you back to where you were before your loss? My understanding of the code of ethics for a insurance adjuster per the Florida State laws dictates that they provide something "equal to or greater than" the item lost. So what does that mean?

To me, a repaired hot tub with OUT a warranty of equal duration, does not equal a tub WITH a warranty. I'd be screwing myself to accept that. Providing me with a used equivalent with a warranty of equal duration, or new tub with a warranty of equal duration is their choice. Where or how they find such a tub, is not my issue. That's why I pay the higher premium for replacement value, or so I thought.

Reading the policy is ambiguous at best. YES, they have the right to repair. The legal question is, what are they bound to provide when repairing an item does not restore it back to the the same status as it was prior to being damaged? I think their 'code of ethics' covers it, but would like something more concrete.

That's just my unprofessional opinion.
 

justalayman

Senior Member
For claiification, I contacted the repair guys who told me that they'd give me one year parts and labor warranty on the replacement parts. However, this is still less than the balance of my existing warranty. As a believer in Murphy's law, and knowing that it costs $1500 to replace the spa pack, I don't feel this is right. He also told me that worse case, the tub would cost $3000 to repair or $8500 to replace, less any trade in value I might be able to get out of him.
Ok, how much warranty are you losing?

and what value would you put on that period of warranty?
 

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