Nationwide Home Warranty Unable to provide service for covered items New York New York

Nationwide Home Warranty has been routinely, without fail, taking my $35 monthly premium drafted directly from my checking account since November 2007

On 11/22/08, I called and filed a claim for inoperable washer. I had to call several more times to finally get them to send someone out. The contractor arrived and determined it to be the pump with a cost of $173 plus about $60 labor. He said he would have to order the pump and call NW to get authorization to repair.

The following week, he called saying "good news, pump is in but bad news is that we just discovered we don't have an agreement with NW so we can't do the repairs".

I called NW and they said they would send another contractor which they never did. $70 later of doing laundry at the laundramat, I contacted them numerous times. Still, no additional contractor. Told them to send me the money and I would get my 15 year old washer fixed myself. After much threatening, filing complaint with BBB and New York Attorney General and phone calls, they finally sent me a check with big disclaimer letter. Told them I wanted to cancel but was told it would be $200 to terminate before 9/09.

Fast forward to 5/13/09...called to file claim for malfunctioning well pump, a covered item. It is losing pressure and kicking of frequently which isn't right. Their contract says they "will have technician out within 24-48 hours to diagnose, repair or replace the covered item". After several days with no service, I kept calling.

Finally, a week later, I get an email with a contractor name and phone number for me to call to schedule. I called and the contractor told me they have no relationship with NW but would call to see what was up. They called numerous times, put on lengthy holds, disconnected and finally called me to say "we're sorry but we refuse to even entertain doing business with this fly by night company".

Also, on 5/20,09 I called to file a claim on the new (used) washer I had to buy when they didn't repair the old one. It was now not draining and at the same time asked why they hadn't gotten someone scheduled for my well pump. Was told that the claim was "being assigned".

A week later, I called since no work had been provided on either of my claims and was told "the well pump claim is being assigned and we don't see any claim in the system for your washer". As you might imagine this was very frustrating especially after being put on half hour long holds and frequently being disconnected.

After another two trips to the laundramat to do the wash for our family of six and spending approximately $70, I called several more times and continued to get the runaround.

Finally decided to send an email to them with extensive details of my frustration and dissatisfaction with their service. Received an email back saying the following:

From: Nationwide Home Warranty [mailto:admin@nationwidehomewarranty.com]
Sent: Tuesday, June 02, 2009 5:22 PM
To: (((REDACTED))) Subject: RE: Extremely poor service!!!

Dear Sir:

As per your contract agreement, parts (ii) and (iii) under section 13.1, Nationwide has terminated your account.

Thank you,
Nationwide Home Warranty
PO Box 341
New York, New York 10013
www.nationwidehomewarranty.com

I then responded with the following:

Really???? This is totally absurd and ridiculous!!! My attorney will have fun with this. I have looked at my contract, as stated below and neither of which pertains to me.

13.1 Cancellation by Nationwide:
(ii) Misrepresentation by You: Obviously, this will be extremely difficult for you to validate since there has been absolutely No Misprepresentation by me. The Only misrepresentation has been by Nationwide. My Contract Agreement with Nationwide, dated 11/13/07, and still fully in force based on the $35 monthly payment that was electronically withdrawn from my checking account on May 18, 2009, states as follows:
Your home warranty protects all of these important home systems and appliances:Plumbing System, A/C Cooling, Electrical System, Heating System, Water Heater, Oven/Stove, Microwave (built in), Cook top, Dishwasher
Garbage Disposal, Refrigerator, Clothes Washer, Clothes Dryer, Duct Work, Garage Door Opener, Ceiling Fans, Plumbing Stoppage, Well Pump

So, as you can see, the two claims that I made to Nationwide for my Well Pump on 5/13/09 and subsequently for my Washer on 5/20/09 were fully covered and based on your contract, I properly followed the process for filing a claim as instructed under item 5.4 which reads:

5.4 Non-Emergency Claims: To make a claim for repair you must contact Nationwide immediately following discovery of the malfunctioning and/or inoperability of the system or appliance. The Nationwide Service Technician will be instructed to provide repair or replacement of the appliance or system within a reasonable time following submission of the claim. If covered by this agreement, the system and/or appliance repaired or replaced will be paid for by Nationwide within a reasonable time following submission of the claim.

Your records will show (well at least they should unless you have erased all my communications to you regarding these issues), that I followed these exact procedures (obviously since I am noticing my well pump is not performing as it should and I am gradually losing pressure daily so I did contact Nationwide immediately following discovery of the malfunctioning. Since our well is our primary and only water source and We need water to live....don't you???

And, furthermore, when my wife came to me and said that the washing machine was full of laundry and the water would not drain nor would it activate the spin cycle, I examined it, discovered it was indeed inoperable, I contacted Nationwide immediately following discovery of the malfunctioning. (And, subsequently since repairs have not been made, my wife has had to make to trips to the local laundramat and has spent nearly $70 washing all the clothes for our family of six).

So, based on the above item in 5.4 you should provide repair or replacement of the appliance or system within a reasonable time following submission of the claim. Since as of this writing, on June 2, 2009, neither of these covered items have been repaired or replaced says beyond a shadow of a doubt that you, Nationwide, are in BREACH OF CONTRACT.

(iii) Failed to make the required payments to Nationwide: As stated above, this is a totally false statement on your part as my bank records, going all the way back to November 2007, will show that Nationwide has routinely, each and every month, including May 13,2009, electronically withdrawn my monthly premium of $35, without fail which means that my contract is still, and was, totally in force at the time of my two claims discussed above and below in my original email.

Yesterday, June 3rd, I sent them a lengthy email responding to their email telling me they were terminating my contract. I requested delivery receipt (which I received) and Read Receipt (I received an email back saying it was deleted without being read).

So, I have, once again, filed claims with the BBB and Attorney General of New York. And, I'm off to file a legal claim against them and will milk them for all I can get and I warn all who read this to BEWARE and don't even think about doing business with this company. You're much better off in self-insuring yourself against these unforseen and unexpected repair possibilities.

Michael
North Muskegon, Michigan
U.S.A.

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