Asurion upgraded me to an iphone 4s

i had iphone 4 stolen , placed claim. said replace iphone 4. didn't ship, logged in check claim , said didn't have iphone 4's upgrade me iphone 4s. i'm totally fine this. question is:

-if refurb phone, can somehow call them , have them ship me brand new one?
-anyone have experience iphone 4s' asurion shipping out?

 

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