att warranty service question?

[Ram]

ok so i have the att warranty package deal, $5 per month, and my phone is kinda destroyed. Its a nokia e71x, which i got for free a couple months ago. I have an att store near me, that i used once to replace my previous lg vu, which did not have the att warranty deal. So im not sure if that was a refurb or not. my question is now that i have the att warranty package, do you think i can get a new phone instead of a refurb? will there likely be a deductible? any experience with such?thx