Contract law question?


I moved to a new home with usual home warranty coverage. I also bought optional spa coverage. It turned out that spa will need some repair. So I called the warranty company. The company sent out a guy to do the inspection, and the guy reported back to the company that the parts of spa broken are from not properly winterizing, which per policy is not covered. I read the contract myself: under the section of plumbing, it does say that; but under the section of spa specifically, it does not say it did not cover frozen related issues. My question is, do I have a justifiable cause to insist warranty company to do the repair? Or how can a repair man know for sure the issue was due to frozen. I am new to the house and I know nothing about if the previous owner properly winterized the spa or not.



Thanks!

Comments

  1. debijs says:

    ~~I asked my husband for you (he is a licensed Pool and Spa contractor.

    He says you can tell freezing issues because it cracks the pipes, and even can break the equipment, and a professional can tell by looking. He also said if the policy states this about the homes pipes, then it would also include the spas plumbing and equipment, A spa has to be kept in use by being kept heated, or completely drained, which includes all sorts of different areas (he said you can find all the info about it by Googling "winterizing a spa")

    He suggests getting s second opinion (which you may need to pay for). If you get a different opinion, then you can further file on your warranty company through your state’s insurance commissioner.
    Hope this helps.~~

  2. car253 says:

    You can ask for warranty company for a 2nd opinion. They will send a 2nd repair company to see if the answer is the same.

  3. mbrcatz says:

    There is no "usual" home warranty coverage. There’s no standard, and many home warranty policies, are NOT true insurance products, and not regulated by any insurance commissioner.

    The repair man can tell, for sure, that the system wasn’t properly winterized. You can insist as much as you want, but I suspect they will continue to refuse.

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