Appeal a “Pre-existing condition” warranty denial in New York

Counter-argument

Request the specific evidence they used (inspection report, date-stamped photos, service history). A pre-existing denial must be supported by something concrete, not an assumption. If you have maintenance records or a home inspection from move-in showing the item worked, that directly counters the claim.

Evidence to gather

• Home inspection report from before coverage began (showing the appliance/system functional)
• Receipts for recent repairs or maintenance on the item
• A written request to the company for the exact basis of the pre-existing finding

Your New York regulator lever

Printable demand-letter draft

[Warranty Company]
Attn: Claims Appeal Department

Re: Appeal of denied claim [Claim #] — the covered item
Date: 2026-08-23

Dear Claims Review Officer,

I am writing to formally appeal the denial of my home-warranty claim [Claim #] covering the covered item. The denial cited "Pre-existing condition".

What the denial means and why I disagree:
The company says the failure existed before coverage started, so it is not covered.

You denied this claim as "pre-existing." Under our contract the burden is on the warranty company to show the failure predates coverage. Enclosed is the [inspection / service record] dated before my coverage began showing the item was in working order. Please reopen the claim or provide the specific evidence you relied on.

Request the specific evidence they used (inspection report, date-stamped photos, service history). A pre-existing denial must be supported by something concrete, not an assumption. If you have maintenance records or a home inspection from move-in showing the item worked, that directly counters the claim.

Evidence I am providing with this appeal:
  1. Home inspection report from before coverage began (showing the appliance/system functional)
  2. Receipts for recent repairs or maintenance on the item
  3. A written request to the company for the exact basis of the pre-existing finding

I ask that you reopen and re-evaluate this claim, or provide in writing the exact contract clause and factual findings supporting the denial. If this appeal is not resolved, you can file a complaint with the New York Department of Financial Services (DFS) (https://www.dfs.ny.gov/consumers/help/we_can_help_you_with_your_insurance_complaint). NY General Business Law §79-j (home warranties) & Insurance Law may apply.

Sincerely,
[Your Name]
[Your Address]
[Phone / Email]
[Enclosures]

If this appeal is not resolved, you can file a complaint with the New York Department of Financial Services (DFS) (https://www.dfs.ny.gov/consumers/help/we_can_help_you_with_your_insurance_complaint). NY General Business Law §79-j (home warranties) & Insurance Law may apply.