Monday, 12 April 2021 22:03

Trial by Jury Set for Allstate v. Auto Glass America Case

Written by Seth Maiman, glassBYTEs.com


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A Nov. 1 trial date has been set by the U.S. District Court in Orlando, FL, in the long running Allstate v. Auto Glass America litigation.

At a status conference held in March with the parties, District Judge Carlos E. Mendoza scheduled a date certain jury trial for 8:30 a.m. Nov. 1. A date certain jury trial usually means the judge has set aside time for that particular case and no others. The designation also shows the court expects the trial will last for approximately three weeks.  


The case, in the U.S. District Court, Middle District of Florida, Orlando Division, is officially designated as Allstate Insurance Company, Allstate Fire and Casualty Insurance Company, and Allstate Property and Casualty (Allstate) v. Auto Glass America, LLC (AGA) and its owner, Charles Islay.


Allstate filed the lawsuit in December 2018, alleging AGA had engaged in a plan to unlawfully obtain payment for excessive and/or unreasonable charges by submitting inflated invoices, which the insurer paid at a reduced rate, a practice  known as short-rating. Allstate also alleged AGA would then sue them when it paid less than the invoice amount. AGA later filed a counterclaim against Allstate.


In its original complaint, Allstate argued AGA filed more than 1,400 lawsuits against it and the replacements were performed without notice to Allstate after insureds hired AGA.


Allstate contends AGA billed it, on average, $900 per invoice for the period of Jan. 1, 2015, through Sept. 30, 2018. Meanwhile, the insurer reports the average invoice amount for...

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