I think the key here is to perhaps get VZW involved if needed. As a class action suit has been mentioned, think this one through.
When I bought my phone, the local VZW store handed me the Asurion information. No information on other providers, just that it was optional. In my mind, this pretty handily links VZW in some way to the situation, perhaps legally. In my unlegal mind, the conversation with VZW goes something like this. I signed a contract for two years with my droid. At the time of signing, I was handed Asurion insurance documents and no other, implying that they were the "preferred" insurer. I purchased my droid for specific features, features that allowed me to sign a 2 year contract with you. My Droid is now broken, the provider that you recommended is unable to provide me a phone with the features upon which we contracted. Therefore your options are to provide me with the contracted phone, or I will consider our contract to be null and void, from actions on your part. Here is the broken phone, here is my prorated check for this month's service, and any further billing or invoicing will be handled by my attorney.
Now, Asurion is in a tight spot here, for sure. Not being able to get like model phones IS something that will be the norm, given how quickly the market changes. And features model to model of phones even released at the same time are never gonna be the same. So, Asurion needs to rethink their pricing stucture and business model. I would gladly pay a small amount more for a change in their contract to like phone or upgrade. Of course the problem with upgrade is how many folks will make the connection that they can get a better phone for 89 bucks?
This whole situation is kinda ugly at best, especially for folks like me who rely upon the phone for business, and are currently hurting financially.
Craig