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

Related Topics:
1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.