My question involves a consumer law [warranty] issue in the State of: pennsylvania
a refusal of a nationally known third party vehicle warrantor to pay a legitimate warranty issue invites the warranted party to cancel the policy requesting a full refund for the policy written. in the contract there exists a statement that all monies would be returned if an ineligible vehicle was mistakenly warranted.
Upon receipt of the letter for cancellation [for reasons that this is a vehicle not covered] the warrantor chooses to issue a partial refund for days not warranted instead, the difference being about two thousand dollars.
what legal statement would be advisable, how would it be worded to encourage the insurer to return all the payments?
in other words: NO claims were made until the first claim was made and that was refused. It was for an issue where the original oem warranty claims are paid routinely. the refusal to pay the claim prompted the cancellation of the policy on the grounds that it was never a warranty, ie was an incorrectly written warranty that would likely never pay out on any claim .
How to get a return of all the payments vs a return of the policy payments for the unused time?
half the policy period had passed [no issues] between opening time and expiring time of a four thousand dollar policy. the company returned two thousand dollars. The insured wants all four thousand dollars returned because no claims including the refused claim were ever paid. While never paying one cent the third party warrantor kept two thousand dollars of the insured's money.
Interestingly and perhaps pertinent to the issue is that this is a company that warrants Motor Vehicles with internal combustion engines and the insured has an Electric Vehicle . Many of the warranty statements concerning what's covered and what's not covered are parts that do not exist in the electric vehicle. the item refused for example was for an oem installed in-dash-computer display. [the main controlling touch screen computer display for the vehicle] [one thousand dollars including labor]. A part not commonly installed in an ordinary internal combustion engine vehicle. Their original refusal stated that this claim was for a part not covered under their policy. It is however central to the operation of an electric vehicle, and most vehicles made today have a prominent one mounted within the dash. The dealer ordered the part and was ready to install it when the refusal came and it was not installed. It has a known defect that, when occurring, prompts routine replacement under the oem warranty.
thanks for considering and for your comments.