Broken phone 12 days before contract expiration

My one year old smashed my iPhone yesterday.  I went to the Verizon store and they told me they could not help me but the Verizon store in the mall could over ride.  I loaded my toddler back up and dragged her through the mall, was told they can only work with 7 days so I'd have to wait 5 more, then waited an hour while the nice salesman tried to get customer service to help.  No help.  He then tells me to call myself or I can go back to the first store (which is apparently a different type of store) and their manager can over ride up to 30 days before contract expiration.  Considering I had already put my one year old through enough, I opted to try customer service (I can make calls from the Bluetooth in my car).  They offered to mail me one next week or said I can push my luck with the manager of the first store.  UGH!!!  I need my phone for work Monday but after reading about the unwillingness to bend whatsoever, I'm guessing I'll have to buy a walmart phone for tomorrow and wait for the mail.
My question is whether the mailed phone is actually a new phone or one of those infamous refurbished pieces of junk (since I'll be stuck with it for 2 years)

If you're contract is up in 12 days why would you be stuck with a refurbished phone for 2 years? IF they let you upgrade early you should be getting a new phone of your choosing.

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