Warranty

or replacement received or pending, or (b) after thirty
(30) days, you will receive a pro rata refund, less the cost
STATE SPECIFIC REQUIREMENTS:
of any service received. If you financed the purchase of this
Plan, at our discretion any refund due will be paid directly to
the lender of record. With respect to cancellation of this Plan
by a Lessee in an RTO Transaction, such refund shall be
payable to the Lessor, unless you have taken ownership of
the furniture item. We will add a ten (10) percent penalty
per month to a refund that is not paid or credited within
forty-five (45) days after you cancel the Plan. At our
discretion, the retailer may refund the portion of the Plan
price due you on our behalf.
Arbitration:
If we cannot resolve any disputes with you related to the
Plan, including claims, you and we agree to resolve those
disputes through binding arbitration or small claims court
instead of through courts of general jurisdiction. Further,
you and we agree to waive our rights to a trial by jury and
not to participate in any class arbitrations or class actions.
This Plan is evidence of a transaction in interstate
commerce and the Federal Arbitration Act applies to and
governs the enforcement of any arbitration hereunder. The
provisions of this Arbitration section shall survive the
termination of this Plan. YOU AND WE UNDERSTAND
AND AGREE THAT, BECAUSE OF THIS PROVISION,
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO GO
TO COURT EXCEPT AS PROVIDED ABOVE OR TO
HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY
MEMBER OF A CLASS OF CLAIMANTS PERTAINING
TO ANY CLAIM. The arbitration shall take place before a
panel of three arbitrators which shall be selected in
accordance with American Arbitration Association Rule R-
13. Each of the arbitrators must have at least ten years of
full-time work experience or equivalent part-time
experience in the commercial insurance industry in a
corporate risk management department, with a
commercial liability insurer, with a commercial insurance
broker, as a lawyer representing insurers or insureds with
respect to commercial insurance matters or as a state or
federal court judge who has handled multiple cases
involving commercial insurance disputes. Any award made
may be enforced in any court having jurisdiction. All
arbitration shall take place in Chicago, Illinois unless
otherwise agreed upon.
Insurance Securing this Plan: This is not an insurance
policy. This Plan is secured by contractual liability policies
provided by: (1) Continental Casualty Company in all
states except Washington and (2) The Continental
Insurance Company in Washington. Both can be contacted
at 333 S Wabash Ave, Chicago, IL 60604, 1- 800-831-
4262. If, within sixty (60) days, we have not paid a covered
claim, provided you with a refund or you are otherwise
dissatisfied, you may make a claim directly to the
insurance companies. Please enclose a copy of your Plan
when sending correspondence to the insurance
companies.
You may contact the Obligor at 333 S Wabash Ave,
Chicago, IL 60604, 1-866-298-3372.
The following state specific requirements are added to
and become part of this Plan and supersede any other
provision to the contrary:
Alabama Residents: You may cancel this Plan within thirty
(30) days of the receipt of this Plan. If no claim has been
made under the Plan, the Plan is void and we shall refund to
you the full purchase price of the Plan. Any refund due to
you will be credited to any outstanding balance of your
account, and the excess, if any, shall be refunded to you. A
ten (10) percent penalty per month shall be added to a
refund that is not paid or credited within forty-five (45) days
after you cancel the Plan. If you cancel this Plan after thirty
(30) days of receipt of this Plan, we shall refund to you the
unearned portion of the full purchase price of the Plan. Any
refund due to you will be credited to any outstanding balance
of your account, and the excess, if any shall be refunded to
you.
All arbitration under the Arbitration section of the Plan will
take place in Alabama in the county in which you reside.
Arizona Residents: If your written notice of cancellation is
received prior to the Plan expiration date, the Administrator
shall refund the remaining pro-rata price, regardless of prior
services rendered under the Plan. The pre-existing condition
exclusion does not apply to conditions occurring prior to the
sale of the consumer furniture item by the Obligor, its
assignees, subcontractors and/or representatives.
California Residents: For all furniture items, the
Cancellation section of the Plan is modified as follows: If the
Plan is cancelled: (a) within sixty (60) days of the receipt of
this Plan, you shall receive a full refund of the price paid for
the Plan provided no service has been performed, or (b)
after sixty (60) days, you will receive a pro rata refund, less
the cost of any service received. A ten
(10) percent penalty per month shall be added to any refund
that is not paid or credited within thirty (30) days after you
cancel the Plan.
Connecticut Residents: The expiration date of this Plan
shall automatically be extended by the duration that the
furniture item is in our custody while being repaired. In the
event of a dispute with the Administrator, you may contact
The State of Connecticut, Insurance Department, PO Box
816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The
written complaint must contain a description of the dispute,
the purchase price of the furniture item, the cost of repair of
the furniture item and a copy of the Plan.
The Obligor of the Plan is CNA Warranty Services, Inc. You
may contact the Obligor at 333 S Wabash Ave, Chicago, IL
60604, 1-866-298-3372.
You have the right to cancel the Plan if you return the
furniture item or the furniture item is sold, lost, stolen or