My home warranty covers my air conditioning unit, and I submitted a claim to my home warranty because it was not cooling properly. The vendor came out and said the coil was leaking freon and needed to be replaced. After the vendor submitted the proposal, my home warranty company denied my claim because they do not cover R-407 referigerant parts. Their argument is that the contract does not specifically state that R-407 is covered, and my argument is that the contract does not specifically state that R-407 is NOT covered. If my A/C is generally covered, shouldn't the contract state specifically that R-407 is not covered? I did an entire document search for R-407 and found not mention of it. Do I have an argument?
Per the contract:
"C.AIR CONDITIONING/COOLER (not exceeding 5 ton capacity and designed for residential use)
INCLUDED: Ducted electric central air conditioning, ducted electric wall air conditioning, geothermal/water source heat pumps, and water evaporative coolers - All components and parts except for geothermal/water source heat pumps, all components and parts that are located within the foundation of the home or attached garage. For units below 13 SEER, and/ or R-22 equipment and when HWA is unable to facilitate repair/replacement of failed covered equipment at the current SEER rating, or with R-22 equipment, repair/replacement will be performed with 13 SEER/R-410A equipment and/or 7.7 HSPF or higher compliant and plenum, indoor electrical, duct connections and air handling transition when requiring 13 SEER or R-410A compatibility changes.
EXCLUDED: Gas air conditioning systems - Condenser casings - Registers and Grills - Filters - Electronic air cleaners - Window units - Non-ducted wall units - Water towers - Humidifiers - Improperly sized units - Chillers and chiller components - All exterior condensing, cooling and pump pads – Roof mounts, jacks, stands or supports - Condensate pumps - Commercial grade equipment - Outside or underground piping and components for geothermal and/or water source heat pumps - Cost for crane rentals - Electronic, computerized, and manual systems management and zone controllers – Air conditioning with mismatched condensing unit and evaporative coil per manufacturer specifications – Improper use of metering devices (i.e., thermal expansion valves) - HWA is not responsible for the costs associated with matching dimensions, brand or color made – Except as noted above or when included in Diamond and Marquise Plan, HWA will not pay for any modifications, upgrades, or additional work needed to vacuate/clean a system of R-22 necessitated by the repair of existing equipment or the installation of new equipment. NOTE: HWA will pay up to $10 per pound for the cost for refrigerant for authorized repairs. You are responsible for payment of any costs in excess of $10 per pound.
PREMIUM COVERAGE INCLUDES: Filters, costs related to Freon recapture and window units."
Per the contract under LIMITATIONS AND EXCLUSIONS:
"Also, unless the optional coverage for such is purchased, HWA is not responsible for providing upgrades, components, parts or equipment required due to the incompatibility of the existing equipment with the replacement system, appliance or component/part including but not limited to 13 SEER, R-410A and/or 7.7 HSPF or higher compliant as well as any other efficiency mandated by federal, state, or local governments."
"When it is required to maintain compatibility with equipment manufactured to be 13 SEER, R-410A and/or 7.7 HSPF or higher compliant, HWA is not responsible for upgrade or additional costs or expenses that may be required to meet current building or zoning code requirements or correct for code violations. This includes city, county, state, federal and utility regulations and upgrades required by law."
I believe I have the highest level contract with optional coverage. I appreciate any help with understanding this and hope I have some sort of argument.
Per the contract:
"C.AIR CONDITIONING/COOLER (not exceeding 5 ton capacity and designed for residential use)
INCLUDED: Ducted electric central air conditioning, ducted electric wall air conditioning, geothermal/water source heat pumps, and water evaporative coolers - All components and parts except for geothermal/water source heat pumps, all components and parts that are located within the foundation of the home or attached garage. For units below 13 SEER, and/ or R-22 equipment and when HWA is unable to facilitate repair/replacement of failed covered equipment at the current SEER rating, or with R-22 equipment, repair/replacement will be performed with 13 SEER/R-410A equipment and/or 7.7 HSPF or higher compliant and plenum, indoor electrical, duct connections and air handling transition when requiring 13 SEER or R-410A compatibility changes.
EXCLUDED: Gas air conditioning systems - Condenser casings - Registers and Grills - Filters - Electronic air cleaners - Window units - Non-ducted wall units - Water towers - Humidifiers - Improperly sized units - Chillers and chiller components - All exterior condensing, cooling and pump pads – Roof mounts, jacks, stands or supports - Condensate pumps - Commercial grade equipment - Outside or underground piping and components for geothermal and/or water source heat pumps - Cost for crane rentals - Electronic, computerized, and manual systems management and zone controllers – Air conditioning with mismatched condensing unit and evaporative coil per manufacturer specifications – Improper use of metering devices (i.e., thermal expansion valves) - HWA is not responsible for the costs associated with matching dimensions, brand or color made – Except as noted above or when included in Diamond and Marquise Plan, HWA will not pay for any modifications, upgrades, or additional work needed to vacuate/clean a system of R-22 necessitated by the repair of existing equipment or the installation of new equipment. NOTE: HWA will pay up to $10 per pound for the cost for refrigerant for authorized repairs. You are responsible for payment of any costs in excess of $10 per pound.
PREMIUM COVERAGE INCLUDES: Filters, costs related to Freon recapture and window units."
Per the contract under LIMITATIONS AND EXCLUSIONS:
"Also, unless the optional coverage for such is purchased, HWA is not responsible for providing upgrades, components, parts or equipment required due to the incompatibility of the existing equipment with the replacement system, appliance or component/part including but not limited to 13 SEER, R-410A and/or 7.7 HSPF or higher compliant as well as any other efficiency mandated by federal, state, or local governments."
"When it is required to maintain compatibility with equipment manufactured to be 13 SEER, R-410A and/or 7.7 HSPF or higher compliant, HWA is not responsible for upgrade or additional costs or expenses that may be required to meet current building or zoning code requirements or correct for code violations. This includes city, county, state, federal and utility regulations and upgrades required by law."
I believe I have the highest level contract with optional coverage. I appreciate any help with understanding this and hope I have some sort of argument.