CNA National Warranty Corporation

CNA  National  Warranty  Corporation  (“CNAN”)  has  received  the  complaint  from [redacted]. Ms.  [redacted]  expressed  her  dissatisfaction  in  the  outcome  of  a  claim  made...

 under  her  motor  vehicle service contract ([redacted]) (hereafter “VSC”). The claim made by Ms. [redacted] was denied for the reasons stated hereafter.   A claim was initiated with CNAN on September 26, 2014. Ms. [redacted]’ vehicle was experiencing a problem with seat heaters not working properly. Campbell Ford inspected the seats and determined the problem  was  with  the  upholstery  surrounding  the  seat  heater, and  not  the  actual  seat  heater  itself. CNAN stated to Ms. [redacted] that the VSC does not cover repairs or replacements to upholstery.   In particular the VSC, under Section 6, Non-Covered Parts, lists “upholstery” as a non-covered part of a vehicle. Because the defects that Ms. [redacted] was experiencing were not covered under the VSC, CNAN respectfully denied the claim.   If Ms. [redacted] has any more questions or concerns, Ms. [redacted] can contact CNAN anytime at [redacted].

what CNA is failing to disclose , is that this engine seizure occurred while I was coming home from work. What they also failed to disclose. Is that after inspection of the bike and the Bodywork was removed off the front. There was fluid leaking from the bottom of the radiator buy the drain petcock. This is where all the fluid was leaking from that night while I was riding home. I also explained the after the accident when the motor seized, the motorcycle was laying on its side and leaking fluid out of the radiator. Also I tried to explain to them, that none of my indicator lights came on that night to let me know that there was an overheating problem. If I had known there was a problem I would have stopped  on the side of the road . I had coverage for Towing  and a cell phone with me that night . Right there that faulty gauge is responsible for everything that happened afterwards. They claim that there is rust on the water pump period after the accident the bike was sitting for 2 months with no fluid in the cooling system which is why the rust is there. As for the throttle linkage. Yes I did install that for one reason only. I had already had a throttle cable break on me and was left stranded on the side of the road. That little clip was an emergency backup that I can hook a cable to in the event that my primary cable broke. And this has absolutely nothing to do with what happened to the engine. This is just a company that does not want to pay out on a warranty due to the high cost.

I was apprehensive about purchasing a 3rd party warranty, but I'm sure glad I did. I had catastrophic engine failure on my Dodge diesel. CNA covered everything outlined in the contract, and NOT with cheap parts, either. Thank you so much for sticking to your end of the bargain.

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

[redacted]

Thank you for the opportunity to reply to the above-referenced complaint.  CNA National Warranty Corporation will be authorizing a contribution to assist finalizing the  claim made by [redacted] under her [redacted] Service Contract ([redacted]). CNA National Warranty...

Corporation will be in touch with [redacted] and [redacted] on January 9, 2015 in order to resolve Ms. [redacted] request.   Should you or Ms. [redacted] have any questions or concerns upon speaking with CNA National Warranty’s representative on January 9, 2015, please do not hesitate to contact me directly at (###) ###-####  x###.

As stated in the previous response from CNAN dated Sept. 11, 2014, there was a data entry error when completing the VSC ([redacted]) at the dealership level. The terms were never changed or altered from what was previously identified in the VSC when Ms. [redacted] purchased it. 

Under Section 12, Contract Changes, the VSC states "If any of the information provided in Part I is omitted or does not conform to the program guidelines, OUR ADMINISTRATOR may correct YOUR contract as necessary and in the course of business send to YOU at your address of record by first-class mail an endorsement with the necessary changes."

CNAN sent an endorsement correcting the error in regard to the expiration of mileage to Ms. [redacted] on December 7th 2009. The copy of the endorsement was previously sent with CNAN's response dated September 11, 2014.

Should you have any questions or concerns, please do not hesitate to contact me at ([redacted]) [redacted] Ext. [redacted].

Sincerely,

Thank you for the opportunity to reply to the above-referenced complaint. Ms.[redacted] purchased a 2010 Ford Fusion SE (the "Vehicle") and the Factory Wrap Plus Care Vehicle Service Contract (Contract No. [redacted]) (the "Contract") from [redacted]., (the "Dealer") on March 28, 2013. Ms....

[redacted] has expressed dissatisfaction CNA Nationa l Warranty Corporation's ("CNAN") disposition of her claim.On August 8, 2014, CNAN was notified by a repair technician at the Dealer that the Vehicle's thrott le body had failed . During this call, the repair technician informed CNAN that the throttle body was covered by Ford Motor Company via the attached Customer Satisfaction Program 13N03 and that the vehicle should be repaired at a Ford dealership . Per the complaint, the Dealer charged Ms. [redacted] an $80 diagnostics fee . However, since the throttle body is a covered component under the above referenced Contract, CNAN will authorize payment for the diagnostics charge. Please fax the invoice from the repair facility that includes the diagnostics charge to CNAN Claims Department,Attn : Marty B. -Ext. 346, at ###-###-#### .Should you  have any  questions  or concerns, please do  not hesitate to contact our Claims Department at ###-###-#### or the Compliance Department at ###-###-####.

July 1, 2014  Ms. [redacted] Revdex.com [redacted] 

[redacted]  [redacted]  Re:  Complaint ID #: [redacted]  Dear Ms. [redacted]:  Thank you for the opportunity to...

reply to the above-referenced complaint. In the complaint, Ms. [redacted] is requesting an additional amount of $1,850.00 as a result of additional charges, charged to Ms. [redacted]  while  obtaining  repairs  at  [redacted]  **  [redacted]  [redacted]  (“Repair  Shop”).  Unfortunately,  CNA  National Warranty  Corporation  (“CNA  National”),  as  the  administrator  of  the  service  contract,  is  unable  to authorize additional charges for the reasons stated hereafter.   Per the terms of the [redacted] Service Contract, [redacted]. agrees to “[P]ay a Repair Facility, or at Our option, reimburse You the Cost to remedy any covered Breakdown of Your Vehicle less Your Deductible except items listed under “What This Service Contract Does Not Cover.” The Cost is defined as “[t]he reasonable and customary charges for Parts and labor necessary to repair or replace the Parts covered. These charges shall not exceed manufacturer’s suggested retail price for Parts and labor allowances derived from the most current nationally recognized labor time publications.” (Emphasis added)  Based on information provided by [redacted] Repair guides, a nationally accepted repair labor publication, CNA National authorized all the labor needed based on the repairs authorized on the vehicle. CNA National authorized 23.7 hours for complete replacement and transfer of engine parts and necessary diagnostics, compression tests, and diagnosis. There were no additional authorizations provided by CNA National for any additional labor provided by the Repair Shop.    Any further questions regarding the additional charges being charged to Ms. [redacted] should be addressed with the Repair Shop. If there are any questions or concerns regarding the contents of this response please contact our claims department at [redacted].    Sincerely,   CNA National Warranty Corporation

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,[redacted]

Dear Dispute Resolution Consultant: October 17,2016 Thank  you  for  the  opportunity  to  reply  to  the   above-referenced  complaint.   CNA National Warranty Corporation  ("CNAN") is dedicated to providing quality customer...

service and is committed to  customer  satisfaction. CNAN resolves claims  in  accordance  with  program guidelines,contract terms and provisions.It is our  understanding that  Mr. [redacted]  is dissatisfied with  the  adjudication  of his September  19, 2016  claim  made  under  his  Harley-Davidson  Extended  Service Plan (HDV-[redacted])   ("Contract")  associated  with   the   2005  VRSCB Harley-Davidson   Motorcycle

("Motorcycle"). Specifically, Mr.  [redacted]  has requested  that  CNA National  Warranty Corporation  ("CNAN") reconsider  the denial of the September 19, 2016 claim. For the reasons

stated  below,  CNAN has determined that  Mr.  [redacted]'s  claim  was adjudicated  correctly under the Contract terms and no repairs will be authorized.On September  29, 2016, Mr. [redacted]'s  selected  repair  facility  contacted  CNAN to provide  the  diagnosis and also reported that the Motorcycle had obvious 

signs of neglect.At this time, CNAN ordered  a third party  inspection  to determine the  extent of the neglect.The inspection was completed  on the same day. The inspection findings concluded the Motorcycle's cause of failure  was "a severe overheat causing damage through the engine." This conclusion is supported  by pictures  which illustrate a number  of parts that  were corroded, melted, or had extensive  damage, the  extent  of  which  could  only  have happened  due to the  Motorcycle's continued  operation  while   in   an   overheated   condition.Photographs   of   the   damaged

Motorcycle parts including the water pump as well as an additional explanation  of the damage is included as Exhibit A. Furthermore, the  inspection  report indicates  that  the  crusty  coolant  build  up on the water  pump  indicates  that  it had  been  leaking  for  a long  time. When  the  Motorcycle  was brought into  the  repair  facility,it had only  eleven(11) ounces out  of eighty  (80) ounces of coolant required,and what did remain was diluted. Therefore, based on  the  information provided  above, Mr.  [redacted]'s claim  for  an engine replacement was denied in accordance with Section 5. Non-Covered Parts,Services and Conditions,subsection D. Non-Covered Conditions:II 10. Any damage, even to a Covered Part, resulting from continued  operation or caused by Your failure  to  take reasonable precautions to prevent  further damage when an apparent  problem  exists, such as

stopping Your Motorcycle immediately or having it towed." (emphasis added). CNAN regrets that  Mr. [redacted]  is dissatisfied  with  the processing of his claim,but asserts that all procedures  and contractual duties were performed to the highest of standards. If you have any questions,

please contact me at c[redacted].

Mr. [redacted] has expressed his dissatisfaction with CNA National Warranty Corporation’s (“CNAN”) handling of his claim. As always, CNAN is dedicated to customer satisfaction and welcomes any opportunity to address his concerns regarding this matter.Mr. [redacted] second complaint letter appears to want answers to the following questions:1. Mr. [redacted] would like to speak to a supervisor. Mr. Chastain spoke with Mr. [redacted] and is available for further conversations at Mr. [redacted] convenience.2. The dates of repair appear to have discrepancies.  The dates of “repair” have been verified and would not alter the outcome of this claim.3. The dates of the inspection are disputed and cause undue delay. The timing of the inspection has been verified and, inclusive of the weekend, was not delayed extraordinarily. If Mr. [redacted] had availed himself of the rental car feature of the coverage, which he did not, his inconvenience would have been minimized.4. Mr. [redacted] would like further information in relation to the inspection reports. The inspection reports evidenced continued use of a vehicle without proper fluid levels. The work product reports of the third party inspector have been reviewed by CNAN and would add no further information to Mr. [redacted] ability to maintain his vehicle in future. Proper maintenance of the vehicle is best remediated by following the owner’s manual of the vehicle.CNAN regrets that Mr. [redacted] is dissatisfied but asserts that all procedures and contractual duties were performed to the highest standards.  Should you have any further questions or concerns, please do not hesitate to contact our Claims Department at ###-###-####.Sincerely,Compliance Department

Dear Dispute Resolution Consultant: October 27, 2016 Thank you for the  opportunity to  respond  to the  additional communication from  Mr. [redacted]  regarding the adjudication of his September 19, 2016 claim made under his Harley­ Davidson  Extended  Service  Plan (HDV-[redacted])  ("Contract")  associated  with  the  2005VRSCB Harley-Davidson   Motorcycle  ("Motorcycle").  CNA  National   Warranty   Corporation

("CNAN")  is dedicated  to  providing quality  customer  service  and is committed to  customer satisfaction.   CNAN resolves claims in accordance with  program  guidelines, contract 

terms and provisions.As CNAN asserted in the  October  17,  2016  letter  to the  RevDex.com, the third-party inspection   findings  concluded  the  Motorcycle's cause of  failure   was  "a  severe overheat  causing  damage  through the  engine."  This conclusion  remains  supported  by the pictures provided as Exhibit A with the October 17, 2016 response, which illustrate a number of parts  that  were  corroded, melted, or had  extensive damage, the  extent  of  which  could only have happened due to the Motorcycle's continued operation while in an overheated condition.Therefore,to reiterate, Mr. [redacted]'s claim for an engine replacement  was denied in accordance   with   the   Contract,   Section  5.  Non-Covered   Parts,  Services  and   Conditions,

subsection D.Non-Covered Conditions: II10. Any damage, even to a Covered Part,resulting from continued operation or caused by Your failure  to  take reasonable  precautions to prevent further

damage when an apparent  problem exists, such as

stopping Your Motorcycle immediately or having it towed." (emphasis added).While CNAN cannot approve the engine replacement portion of Mr. [redacted]'s claim, CNAN is willing to authorize the water pump  replacement in the  amount  of $539.73 via check made  payable  to  Mr.  [redacted].   In  order  to  ensure  proper   delivery,  please  remit  Mr. [redacted]'s current address to [redacted]. CNAN regrets that  Mr. [redacted]  is dissatisfied  with  the processing of his claim, but asserts that all procedures and contractual duties were performed to the highest of standards.

Thank you for the opportunity to respond to Mr. [redacted]’s additional concerns.

In addition to the reasons stated in the previous response by CNA National Warranty Corporation (“CNAN”) dated September 26, 2014, CNAN is unable to create an exception to the Limit of Liability as Mr. [redacted] requests for the reasons stated below.

First, Mr. [redacted] states that the vehicle service contract (ZCA-[redacted]) (“VSC”) does not mention the dollar limitation. However, the VSC states under Section 13, Limit of Liability:

“The limit of OUR liability for any repair visit is the fair market value of YOUR VEHICLE immediately prior to the BREAKDOWN. The total amount WE will pay for all claims throughout the contract term shall not exceed the purchase price of YOUR VEHICLE as shown on Page 1.” (emphasis added)

Secondly, Mr. [redacted] states that the limit of liability is contradictory to terms of the VSC that indicate the expiration by mileage or time. However, the Limit of Liability of the VSC is not contradictory to other terms of the contract because it sets the limitation on the total dollar amount of covered claims permitted under the VSC.

Thirdly, Mr. [redacted] states that “[redacted] materially misrepresented the terms of the contract.” However, directly above Mr. [redacted]’s signature the VSC states:

“By signing below, YOU acknowledge that YOU have read and accept the provisions of the contract as a complete statement of YOUR coverage and rights and that YOU are not relying on any writings other than this contract nor any other representations or promises.” (emphasis added)

Lastly, without Mr. [redacted] specifically identifying what marketing and sales support materials Mr. [redacted] contends that CNAN “produced or caused to be produced,” CNAN cannot accurately point out where the disclosures are in relation to the terms of the VSC.

Again, CNAN apologizes that Mr. [redacted] is not satisfied with the outcome of the claim, but asserts that all obligations under the VSC were handled according to its terms. Should you or Mr. [redacted] have any questions or concerns, please do not hesitate to contact me at ([redacted]) [redacted] ext. [redacted].

Sincerely,

Mr. [redacted] has expressed his dissatisfaction with CNA National Warranty Corporation’s (“CNAN”) handling

of his claim. As always, CNAN is dedicated to customer satisfaction and welcomes any opportunity to address his

concerns regarding this matter.

Mr. [redacted] would like an explanation...

regarding the timing of the repair and why certain parts were not

covered. CNAN would be happy to explain the process: • On 1/26/2015 Mr. [redacted] authorized the “tear down” of his vehicle with his repair facility; this was a

Monday.

• On 1/29/2015 CNAN was notified by the repair facility that the vehicle was ready for inspection; this was a

Thursday.

• On 2/2/2015 The local inspector attended the repair facility; this was a Monday.

• On 2/3/2015 the inspection results were called in to CNAN and the authorization of approved claims

ensued.

Additionally, with regard to why certain parts were not covered under his claim, please note that Mr. [redacted]

service contract states within Section 7, (10) and (11):(10) Any BREAKDOWN caused by sludge buildup, contaminants, foreign objects; improper

amount or type of fluids, lubricants, coolants or refrigerants; or lack of required maintenance as

set forth in Section 8, “Your Responsibilities for Service and Maintenance.”

(11)Any damage resulting from continued operation or caused by YOUR failure to take

reasonable precautions, such as stopping your vehicle immediately or having it towed, to

prevent further damage when an apparent problem exists.

Mr. [redacted] service contract did not cover certain parts because of continued operation without

proper fluid levels. CNAN did contribute towards the resealing of the transfer case, plus labor, in spite

of this fact. Please note that Mr. [redacted], in order to avoid inconvenience, could have utilized the rental

car coverage which would have allowed him, at the expense of CNAN, to rent a car for up to 13 days.CNAN regrets that Mr. [redacted] is dissatisfied but asserts that all procedures and contractual

duties were performed to the highest standards. Should you have any further questions or concerns,

please do not hesitate to contact our Claims Department at ###-###-####.

Dear Ms. [redacted]:Thank you for the opportunity to reply to the above-referenced complaint.  In the complaint, Mr. [redacted] has attempted to cancel his GAP Waiver addendum but has experienced difficulties by virtue of contacting the wrong office.Within Mr. [redacted]’s GAP Waiver...

addendum, under the section titled “Cancellation”, the method of cancelling the agreement is through a written notice sent to the automotive dealer.  Mr. [redacted]’s dealer is listed as [redacted] and their phone number is ###-###-####.Should you have any questions or concerns, please do not hesitate to contact our offices at ###-###-####. Sincerely, [redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

I have reviewed the response made by the...

business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

THEY MAY HAVE AUTHORIZED REPAIR, BUT THEY DID NOT SPECIFY IF IT WILL BE THE ENGINE REPLACMENT AS [redacted] HAS SPCIFIED. IF IT IS NOT REPLACEMENT, THEN I WOULD LIKE AQCOMPLETE EXPLANATION OF WHY NOT. THANK YOU.

Regards,

Thank you for the opportunity to reply to the above-referenced complaint. 

Mr. [redacted] has expressed dissatisfaction with CNA National Warranty Corporation's ("CNAN") disposition of his claims. Mr. [redacted]'s first claim was submitted to CNAN on December 28, 2013. This claim was related to...

transmission repairs. While speaking with the technician, CNAN was notified that the service technician also found that the radiator was leaking coolant due to physical damage. As indicated in Section 1, Agreement Between You and Us, of Mr. [redacted]'s Vehicle Service Contract (Contract No. [redacted]), the service contract coverage includes repairs or replacements of: 

.....Covered Parts that fail due to a Mechanical Breakdown, less Your Deductible." 

Based on the information provided by the service technician and the terms provided in the Vehicle Service Contract, CNAN denied the radiator repair claim. 

On March 14, 2014, Mr. [redacted] filed a claim related to the vehicle overheating due to the radiator and thermostat housing. At this point, CNAN noted that Mr. [redacted]'s Vehicle Service Contract had expired due to mileage. Pursuant to the information provided to CNAN, the vehicle's mileage at the time of this claim was 77,781. As indicated in the Vehicle Service Contract Expiration Mileage, the Vehicle Service Contract expired at 77,199 miles. 

However, in an effort to address Mr. [redacted]'s concerns related to the damage associated with the radiator, CNAN authorized a third party inspection to be completed on the vehicle. The third party inspection found that the radiator component's damage was due to a mechanical breakdown. Based upon this finding, CNAN has approved the radiator and thermostat housing repairs. CNAN has authorized payment for $977.95. Please note that Mr. [redacted] will be responsible for the $100 deductible. Furthermore, as noted above, this Vehicle Service Contract has expired and no further claims can be processed. 

Should you have any questions or concerns, please do not hesitate to contact our offices via telephone at ([redacted]) [redacted] or via email at [redacted].

Thank you for the opportunity to reply to the above-referenced complaint. [redacted] has expressed dissatisfaction with CNA National Warranty Corporation’s (“CNAN”) administration of [redacted] claim made under the Preferred Tire Care + Plus Contract ([redacted])(“PTC”)...

on August 25, 2015. More specifically, [redacted] is requesting that CNAN reconsider the determination it made on his claim under the PTC and authorize payment for the replacement of the wheel. For the reasons below, CNAN has determined that [redacted] claim was processed correctly under the terms of the PTC and no additional payments will be made.On August 25, 2015 CNAN received a call from a dealer repair shop serving [redacted] vehicle. The shop indicated that the left front wheel was bent on the outer lip, but there was no air leaking from the tire. By the terms of the contract, CNAN authorized the cost for repair to put towards the replacement, as the wheel was still allowing the tire to seal. In Section 2 of [redacted] PTC, the terms clearly state when only a repair is authorized for a wheel.Section 2. Your Coverage.PREFERRED TIRE CARE “ . . . WE will pay the COSTS to repair or replace the original equipment or like replacement tires and/or wheels of YOUR VEHICLE that fail due to contact with a ROAD HAZARD . . . Wheels are eligible for replacement only if the damage from contact with a ROAD HAZARD will not allow the tire to seal . . . ” (emphasis added).On August 25, 2015 CNAN authorized payment for the repair that the contract provides for. In addition, as a courtesy, CNAN authorized that payment to alternatively be used towards the replacement of the wheel. [redacted] refused the claim payment. CNAN’s authorization of $200 remains in place and available to [redacted]. CNAN apologizes that [redacted] is not completely satisfied with the outcome, but if he, or you, have any additional questions please do not hesitate to contact me at ###-###-#### or [redacted]