Not sure if your contract is valid in Indiana. Many times I have found that these contracts did not follow the legal protocol and became invalid. You may also have an issue with a breach of contract by them if they did not perform and prevent future mold irrespective of buying a warranty contract. Its called mal practice or E&O and you can file a claim against their CGL liability insurance policy and have a 3rd party investigate.
A warranty contract that they are selling you is not an insurance policy. Its a mis- nomer and it may be interesting how they sold it or advertise it to you whether its in violation of the selling /advertising regulations. I have won many issues with multi million dollar corporations over invalid contracts that must follow the State code and regulations with exact wording. Recently with Direct TV and also Verizon we were able to invalidate their contracts with full refunds after the State investigated their contracts that were not properly printed with required wording to protect consumers.
I am a 40 yr Insurance Claim Advocate/Public Adjuster having worked inside many national insurers home office coast to coast as an Executive General Adjuster . Your issue is not an insurance issue. The Dept of Insurance does not control or intervene in warranty contracts. However, you may be well to file a complaint with the Atty General Office for contract fraud.
You can do this at IN.GOV.com on line and print out the required information form to start the ball. Be sure they get a copy of your contract, and briefly explain if the work they did perform was good or failed. If it failed then they breached the contract. They will investigate the issues and deal directly with Easydry on your behalf. They also need to review the contract to see if its valid according to the laws in place for salesmen.
As an insurance adjuster, I would hope they had an Industrial Hygienist perform an Air Quality test for spores after the job was done. Its the only way they know if the job they did remediated the mold spores. If they said the air is fine after stopping the water, they have breached the contract as bacteria levels cannot be seen or spelled, it must be measured by a Hygienist certified to test for same.
So you have three issues, i) Non performance of work 2) Invalid contract-mis-representations 3) Warranty issues
File with the atty General Office at no cost to you. Thats your tax money at work and they will do an investigation and give you their findings in about 30 days. They can also invalidate the contract if illegal and force a refund if need be in your favor.
Good Luck
The Claim Advocate
