Company Response
1/20/2026
First American Home Warranty Corporation ("First American") has received your correspondence dated January 8, 2026, submitted on behalf of Ms. Kukich. In your correspondence, Ms.Kukich requests that First American refund the cost of her home warranty contract. According to First American's records, claim number 312875558 was placed by the consumer on
June 3, 2023, regarding the central air conditioning system not producing cool air. The consumer reported that although air was flowing through the vents, it was not cold, and the interior temperature of the home was steadily increasing. First American dispatched an independent contractor, EMS HVAC LLC d/b/a EMS Home Services, to diagnose the issue. The contractor identified a refrigerant leak at the compressor plug and recommended replacement of the compressor. The compressor replacement was approved under the terms of the home warranty agreement. Certain associated items including system
modifications, refrigerant processing, disposal and haul-away, maintenance, and code-required upgrades were determined to be non-covered under the home warranty contract. As a result, the consumer incurred an out-of-pocket cost totaling $1,300. Please refer to the consumer's home warranty contract under Limits of Liability #7 and the Central Air Conditioning
"Not Covered Examples," which state: "Company is not responsible for the following: any corrections, repairs, replacements,
upgrades, inspections or other additional costs to comply with federal, state or local laws, utility regulations, zoning or building codes; paying any costs relating to permits, haulaway fees, construction, carpentry or relocation of equipment; gaining or closing access to items except where noted in this Contract; and alterations or modifications made necessary by existing equipment or installing different equipment except where noted in the Central Air Conditioning section of this Contract. Company will not alter structure to effect repair or replacement, nor refinish or replace cabinets, countertops, tile, paint, wall or floor coverings or the like." "NOT COVERED EXAMPLES: Humidifier/dehumidifier systems or accessories; registers; grills; filters (including electronic air cleaners); gas air conditioners; window units; underground or outside piping and components for geothermal or water source heat pumps; cooler pads; roof jacks or stands; system management or zone control systems (whether manual, electronic, computerized or pneumatic); and refrigerant recapture, reclaim, and disposal." The consumer agreed to proceed with the repair under these terms, and the work was completed on June 26, 2023. On January 8, 2025, the consumer placed a subsequent claim, number 314329068, reporting that the heating system was making noise when turning on and off. First American again dispatched EMS HVAC LLC d/b/a EMS Home Services to diagnose the issue. The contractor advised that the unit could not be fully diagnosed because it would not remain operational and observed that the circuit breaker continued to trip at the electrical panel. The contractor recommended dispatching an electrician for further evaluation. First American then dispatched an independent electrical contractor, Stapp Electrical Services, LLC, to diagnose the electrical failure. The electrical contractor reported that the heating system was not functioning due to an issue with the breaker and recommended replacement. The reaker replacement was completed on January 2, 2025. Following the electrical service, First American dispatched EMS HVAC LLC d/b/a EMS Home Services to return to the property to complete the heating system diagnosis. Upon inspection, the
contractor reported that the blower wheel was excessively dirty, restricting airflow and causing the reported noise during system operation. The contractor advised that routine maintenance specifically cleaning the blower wheel would resolve the issue.
Based on the contractor's findings, the claim was denied in accordance with the terms of the home warranty agreement, which does not provide coverage for routine maintenance or cleaning of system components. Please refer to the home warranty contract under Limits of Liability #14, which states: "This Contract does not cover routine maintenance." The consumer also stated in the complaint that they hired an independent contractor to complete repairs. On January 20, 2026, First American contacted the consumer to request a copy of the hired contractor's report for further review; however, First American was unable to reach the consumer. As a result, a voicemail was left, and a follow-up email was sent. At this time, First American is awaiting receipt of the requested documentation and is considering the claim pending.
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