Magnusen Moss Warranty Act of 1974
Purchased extended warranty with CNA at time of purchase in 2004.
Service record in August of 2007 recorded request to fix leaking air bags. "Could not duplicate" was the response. Service record in November of 2007 recorded request to fix hard to steer issue. "Could not duplicate" was the response.
Purchase 37" Toyo's in December 2007. 2" bigger than factory but fit and no rubbing (Ok...a little rubbing).
January of 2008, service record recorded request to fix leaking rear axle. Claim denied due to purchase of over size tires. Void of warranty.
August of 2008, service record recorded request to fix leaking air bags (Again) and hard steering (Again). Claim denied due to non factory modification. Warranty company CLAIMS to have mailed "Warning...get your factory tires back or you will never be covered for anything again". They admitted they sent it to the dealer instead of to my home.
Mechanic at Medved Hummer acknowledge preexisting conditions as well as stating that the tires did NOTHING to cause malfunction. Warranty company admits previous requests for service when I questioned them to illustrate the tires did not cause the air bags to leak and (...and getting to my point!) that under the Magnusen Moss Warranty act, the malfunction has to be attributable to the modification in order for it to not be covered, they agreed to "send an inspector out again".
So...am I correct? Should I pay to fix the problems then sue in small claims if they deny again? Or...am I wrong and pay anyway and put the factory size back on?
I still have two years and almost 50K left of the CNA warranty. They were great until I got the tires. Did not give me a chance to correct the violation with their unsent "Modification Warranty" letter.
Would appreciate some feedback from the board...
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