Consumer Law, Warranties American Home Shield denies claim due to missing part thats not a part

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butacska

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American Home Shield denied me A/C claim saying my unit was missing part. The contractor(X) who came out stated it was missing a filter drier. The filter drier is not a part, on the owners manual it is listed as an optional accessory, in the 2009 Uniform mechanical code the installation of a filter drier is not required and I asked an independent technician (Z) who gave me a written "statement" stating the filter drier is not required and 90% of the houses don't have it in the valley. Asked the first contractor (X) why he told AHS that I was missing a part, he said because AHS considers it as a part and they have to treat it as a part. I asked him if it was required by law. He said no, but AHS requires it. In my contract there is no part that says in order to have me A/C covered I have to have filter drier on the unit. I had to call an independent contractor (Z) after they denied my claim because they said the secondary opinion is a non emergency call, it takes 48 hours to schedule an app. It was 107 F outside and my husband has medical issues and we had to get it done right away. My compressor died and my fan motor was bad (which fried the compressor) so I had to order a new condenser unit as it was cheaper then replacing the 2 parts. It was installed same day. Paid $2400 for it. I wrote them a letter explaining what happened and disputing the denied claimed. Yesterday them called me back saying they denied again, as: 1. I did not wait for secondary opinion, 2. they called a secondary opinion contractor (their contractor, not independent) who said the filter drier is a part. Of course they do say it, because AHS requires them to do so, they tell them to say it is a part so they can deny the claim so AHS does not have to pay, and the contractor gets better money from the customer... I would like to know if I have any chance of getting reimbursed for the unit. I have all work orders, receipts, owners manual etc. Thank you for your time and answer!

Below I posted the letter sent to AHS, if anybody has time to read it.

The ServiceMaster Company,
ATTN: Legal Department – Administrator
Alternative Dispute Resolution
860 Ridge Lake Blvd.,
Memphis, TN 38120

To Whom It May Concern,

RE: Contract #: *****

On June 6, 2014, I requested a service for my air conditioning unit that was not working properly. After the technician performed a diagnosis, he submitted a claim that was immediately denied. I am presenting this notice of dispute for the denial and hoping for a resolution as we agreed in our contract.

June 6, 2014 - Initial service request (Claim number: 288xxxxx)

I contacted AHS for a service request on my air conditioning unit that was not running properly. It was not blowing cool air during the day, then stopped running. It was working at night. I was assigned a contractor (***** Service). I was told I would be contacted by the company within 24 hours.

June 7, 2014

****** Service called and scheduled a visit for the following day, June 8, 2014 between 8-10 am.

June 8, 2014

88888 technician (XY.) arrived on time and started the inspection. He stated he checked the fan motor, the compressor and the refrigerant level. He stated that the reason for the problem is that the unit is missing a filter-drier so the compressor is going bad. He stated that he checked the refrigerant level and it was full. He called the authorization department after he had taken the $75 service fee in cash. He explained the situation to AHS then waited. AHS informed him that the claim was denied. He apologized to me and gave me the invoice including the work description and an estimate for a compressor replacement for $1.700. He apologized again and said "but we can do it for you for $1700". I did not understand the situation. I did not know what a filter drier was so I started to investigate.

I found out that the filter-drier is an accessory that performs the functions of filtering out particles and removing and holding moisture to prevent it from circulating through the system.

I called AHS and tried to explain to the employee that the filter drier is not a part of the unit. They refused to acknowledge the facts I presented stating I was not a licensed technician, I could not tell them what is or is not a part of the air conditioning unit. They advised me to the dispute department.

The dispute department told me I can get a second opinion. I requested one. I was informed that when requesting a second opinion, the contractors have 48 hours to contact me and schedule a follow up visit. I told ASH that I really would like to have this taken care of sooner as we were having a heat (107F) wave and my husband has a medical condition and the heat wave makes it worse. I was told a secondary opinion is not considered an emergency service call and there is nothing they can do about it. They assigned xxxxxx Master as the contractor to perform the secondary opinion (Claim number: 288xxxxxx).

At this point I felt I was let down by AHS. I needed the air conditioner fixed as soon as possible so I contacted an independent contractor to come out and inspect/fix the unit. zzzzzz Air (License number: 777xx) scheduled an appointment for the late afternoon. Jack D from zzzzz Air arrived and completed the inspection. He found the compressor common winding was open. He watered it down for 15 minutes to try to cool. The compressor felt cool to touch but the switch did not reset. He also found start side of plug at compressor was melted. He cut the plug off and wired it directly to compressor. He recommended waiting till the next morning to see if internal compressor switch would reset. He charged us $114.81 which I paid in cash and left.

June 9, 2014

I called Jack D from zzzzz Air at 5AM to let him know that I turned the thermostat on, but the unit is not blowing cool air. He arrived within 20 Minutes. He found the system pressure was flat. He pressurized the system with Nitrogen and found a massive leak at high side outlet of compressor. He recommended fixing the leak and filling up the system with gas to see if the system works. At this point I told him about the situation with AHS and asked him about filter drier. He stated: "A drier vent is not a requirement on a new install with brand new, virgin line set. No house in this neighborhood has a drier vent, nor does any I have worked on in new house developments." (Statement attached).

After testing the system, he found that the compressor was not in working condition. Also the fan motor was not spinning freely when pushed by hand (failure of the fan motor could have caused the compressor overheating and frying). After discussing the price of the repair (compressor, fan motor, refrigerant) or replacing the condenser unit we decided to order a new condenser. He installed the unit that day and charged us $2400 which I paid with a credit card.

xxxxxx Master (secondary opinion contractor) called late morning to schedule an appointment for inspection which I cancelled.

I contacted James D. (supervisor) from ***** Service to discuss the diagnosis his employee John D gave to AHS regarding the problem with my unit. I asked him why John stated to AHS that my unit was missing a part when the filter drier is an accessory. He said they have to consider it as a part. I asked if it was required by law to have it installed. He said no. I asked then why did John state that my A/C was missing a part and with that voiding my warranty? He said "American Home Shield requires a filter drier to be part of the air conditioner unit so we have to install it. So it is a part"

Filter drier is listed as an optional accessory in the unit's owners manual. (Attached)

Neither the 2009 Uniform Mechanical Code nor the Southern Nevada Amendments to the 2009 Uniform Mechanical Code requires the installation of a filter drier.

I was not informed in any way by American Home Shield that a so called "filter drier" accessory had to be installed on my A/C unit in order to be covered by my plan. My unit was installed without a filter drier because it is/was not required - by any law - to be "part" of a central air conditioning system. My system was a complete unit without any missing parts and it had been working for 10 years.

Therefore I am disputing the denial of my claim and respectfully asking American Home Shield to honor our contract and provide the promised assistance for me by reimbursing my expenses associated with this service call (except, of course, the $75 initial service fee). Enclosed are copies of my records (invoices, owner's manual, receipts).

Requested amount: $2400 + $114.81= $2514.81

I look forward to your reply and a resolution to my problem and will wait until July 25, 2014 before seeking help from a consumer protection agency or the Better Business Bureau.

Please contact me at the above address, phone number or email (email preferred).

Sincerely,
Maria X
 
You might want to Google the name of the firm from whom you bought the warranty.
You could also visit www.ripoffreport.com and search for them.
Finally, the Better Business Bureau site in their home town would also be worth a look.
Bottom line, these people have disturbed many customers.
Don't expect much from them. Many people say that company has scammed them.
 
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