Touch Pro still out of stock?

[xxxjdoggxxx]

I called Best Buy today because I planned on finally exchanging my defective Pro. They told me all the stores in the area are out of stock. So I called the local Sprint store and explained my situation (I only have 1 more week before my 30 days to exchange at Best Buy are up). All Sprint stores in the area are also out of stock. The person I talked to said since I have insurance they would order me a replacement through the insurance and they would have it on tuesday. I have a couple questions about that, why are all the stores out of stock yet they can order me one and have it by tuesday? Also since it is through insurance does that mean it is a refurb? If it is a refurb I will refuse to take it for the money I paid considering it is HTC's fault I got a defective phone and not mine.