Provo, UT asked in Contracts and Small Claims for Utah

Q: Do I have a chance to win this in court?

My CHOICE Home warranty (CHW) policy covers my HVAC

CHW sent a technician to evaluate my HVAC problem

CHW denied my claim:

“It has been determined that there is a restriction in the refrigerant line of the HVAC system. This contamination of the sealed system is the result of contaminants or foreign materials ... the system became inoperative due to abnormal wear and tear"

I asked the technician for clarification:

"This restriction was not a foreign material, this restriction is normal wear and tear. The copper pipe breaking down over time is what causes this plug, or oil from the compressor will collect on the inside of the pipe. This is caused from normal use over time. There is no way for a foreign material to make it inside of a sealed system"

Replacing the system will cost $4,300

CHW as a goodwill gesture would still like to offer me $500

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1 Lawyer Answer

A: Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can tell the future) and unable to opine on your current dilemma. The only way you can bee 100% sure if you can win a case against Choice Home Warranty is to litigate it in your local county court's small claims division. In most if not all states you do not need a lawyer to litigate in small claims court. However, the chances of you winning will be improved greatly if you do hire a lawyer to advise you on how to draft the complaint, how to understand and follow legal procedures, how to prepare and present evidence and other aspects. See if you can locate a qualified lawyer to help you win your case.

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