Legal Question in Consumer Law in Illinois

Auto Dealer after market Warranty on Stain Protection denied, called ''Vandalism

During Purchase of ''Mini-Van'', we accepted extra cost service for application of interior stain protection package (one of several). Warranty stated stains would be removed or interior item would be replaced at no cost. Our 2 year old daughter found ball point pen, and scribbled upong back seat vinyl armrest and leather seating surface. Dealer refused to attempt stain removal based upon determination that ''vandalism'' was cause. Does state law for restriction upon age of responsiblity for vandalism apply to privated contract of this nature?


Asked on 3/02/05, 1:04 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Auto Dealer after market Warranty on Stain Protection denied, called ''Vanda

Though it would seem to fit the "dictionary definition," there is certainly difficulty in ascertaining malicious intent in a 2 year old. The easier question is, is there an exclusion in the coverage for vandalism. If they say there is, make them show you. If there is no such exclusion, tell them to get to work repairing it. If there is an exclusion and they show it to you, demand that they prove malicious intent.

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Answered on 3/03/05, 10:37 am


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