If that is part of the agreement it's unlikely you will be able to get out of paying it. It should, however, cover replacement with a new equivalent model phone, not a refurbished model. That too should be in the insurance agreement.
The only other way I could think that would allow you to get out of the deductable is if the contract is nearly up he should be eligible for a new phone or upgrade anyway. I am with a different company and they allow you to upgrade with 60 days remaining on a plan without paying a penalty. You could also threaten to cancel the plan but if you aren't at the end of it they will hit you with a hefty early termination fee.
The only thing I can say that might help you feel a bit better is that if you look at the price of the phone without a plan and see that it probably is still saving you money having insurance. I don't necessarily believe the phone prices are fair, but it's what they would charge you to buy it outright.
Good luck!
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