It depends on how you go about activating it on your line. My recomendation would just be to call in to C.C. and say that you want to do an ESN swap for Service and Repair. If they give you any issues, tell them that your 'current' phone stopped working and you want to use this one as a replacement.
you could take it to a store and they should be able to swap it there. the new device should be inspected and if its in new or like new they wont have an issue. To say its a service replacement and have the device you are switching to not working properly or broken can cause insurance fraud issues. this isnt to say this is the case here, just giving you a heads up that they may not accept it over the phone that way
thanks for the info but i dont want to fraud anyone...i think thats why its so much easier to just buy the phone from them. i get the use out of it no matter what and i might pay a little more but i want to make sure its protected. thanks again
I spoke to Sprint regarding this several months ago. Basically they do not care where the phone came from. If the line is insured, the phone is covered.
I purchased an 8703e last summer from a message board and used it for a month or two then switched to an 8830. I did a brief 3 or 4 month stint with an HTC Touch then went back to the 8703e. This time when I set it up, it had some random rebooting issue that I do not recall it having in the past. I took it in and they replaced it with a new 8703e - no questions asked.
Point being that if you have TEP active on a line with no gaps in TEP coverage, you will be fine. If you cancel your insurance for any reason, the only way you can get insurance on that line again is to purchase a new phone from Sprint. It is not fraud. It is making good use of what you paid for.