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Friday, 01 November 2019 16:58

Isaly Responds to Allstate’s Complaint, Files a Counterclaim, and Demands a Trial by Jury

Written by Emmariah Holcomb, glassBYTEs.com

Index

Auto Glass America, LLC (AGA) and its owner Charles Isaly filed a response to Allstate’s complaint and a counterclaim, and is demanding a trial by jury.

Isaly, who is the defendant in the Allstate v. AGA and Isaly lawsuit, confirmed portions of Allstate’s complaint but denied many of the accusations, including obtaining assignment of benefits (AOB) for an alleged “scheme” it was doing against Allstate.

 

“Isaly admits AGA obtains assignments of benefits from Allstate’s insureds but denies that it obtains them ‘without informing the insureds what they are signing.’ Isaly admits that the assignments AGA obtains allow AGA to seek payment for windshield replacements directly from Allstate and then file lawsuits against Allstate if full payments are not made,” a portion of Isaly’s response reads.

 

AGA’s company policies in relation to Isaly’s control was also addressed and answered in Isaly’s filed response.

 

“Isaly admits that generally, he controls AGA and formulates and enforces AGA’s policies and procedures but denies that he controls all policies and procedures described in [Allstate’s] complaint. Isaly specifically denies he controls or has the right of control over the mode and means used by AGA’s independent contractors in the performance of their work,” a portion of Isaly’s filed response reads.

 

The response also includes an admittance that states “AGA does not typically inform its customers about specific details in their Allstate policies, and assumes that AGA’s customers have read their policies and/or discussed the policies with an Allstate representative.”

 

Another notable allegation in Allstate’s original complaint involved Isaly’s control over his technicians and third-party companies who refer AGA windshield replacement jobs, to which Isaly denied enforcing certain acts in exchange for a “finder’s fee.”

 

“Isaly denies he controls, formulates or enforces the acts and practices of independent contractor technicians and third parties who refer windshield replacement jobs to AGA in exchange for a finder’s fee and with whom Isaly is not in regular communication. Isaly further denies that AGA employs “salespeople” as that term is commonly understood,” a portion of Isaly’s filed response reads.


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