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Transmission fluid flush, car surging

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Hello everyone, I'm hoping to get some perspective. I bought a used 2003 acura cl type s from a small dealership around 5-6months ago and put around 6k miles on it since, maybe less (started off with mid 88k and have just hit 94k now), two days ago my car suddenly surged after unexpectedly slowing down - thinking it's the transsmission going I went straight to the dealer (perhaps 15-20 miles away), on the way there check engine light went up which scared me even more (I drove all the way to the dealer perhaps 20mi/hr just so the car wouldn't surge), the dealer took it overnight and in the morning told me that the transmission will need to be changed. Since together with the car I bought a cover plan (covering all non wear-and-tear things) they called the inspectors. The next day I got a call that after all they and my cover plan company recommend I do a transmission fluid flush since it doesn't look very well. I authorized it (since the cover plan won't pay such things) and came over to the dealer to ask why the change of heart. They told me that because the fluid was up for change, the cover plan will probably decline my claim to cover new/rebuild transmission even if the flush won't help. So! My question is, can they actually deny my claim? I have no idea if the original owner ever changed the fluid (I did only the recommended maintenance) plus I wouldn't even know where is the dip stick for transmission fluid so I never checked it. Will the flush actually help? I don't know the code for the check engine but was told it's something electrical that might or might not be damaged...

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