Wednesday, 26 May 2021 20:15

Allstate vs. AGA Lawsuit Continues


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Thousands of pages of documents have been filed with the U.S. District Court of the Middle District of Florida concerning more than 3,000 windshield damage claims in the case of the Allstate Insurance and its related entities (Allstate) vs. Auto Glass America and its owner, Charles Isaly (AGA).

In addition to building a case for each side, those documents provide interesting details about how each side functions and how it believes the other side does as well.


For example, Allstate’s trial brief of March 8 contends that several years ago, Isaly decided AGA would no longer follow Allstate’s claims reporting procedures. Rather, the brief says, AGA calls either an Allstate agent or Allstate’s 800 customer service number to confirm the insured has comprehensive coverage.


It also alleges AGA’s technicians request an insured’s signature on a work order that does not include the prices to be charged for parts or labor, but does include an assignment of benefits (AOB).


Allstate also says AGA does not currently nor has it performed windshield repairs since 2014, a fact later confirmed by Isaly.


The brief goes on to say AGA charges Allstate more than it charges any other insurance company and AGA’s invoices to the insurer reflect a discount of -47% of the NAGS list price. A discount of a negative number is actually an upcharge, and Allstate’s brief argues “there is no viable argument that a 47% up charge for the windshield part is competitive, reasonable or market rate.”


The trial brief filed by Allstate asks for more than monetary damages. It asks for equitable relief in the form of a declaratory judgement deploring AGA’s practices as deceptive, unfair, unconscionable and in violation of Florida law and FTC rules. It further asks the court to require AGA follow Allstate’s procedures by providing the first notice of loss to the insurer before repairing or replacing any windshield for its insured.


Allstate also wants the court to require AGA refrain from telling Allstate’s insured they...

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