Wednesday, 26 May 2021 20:15

Allstate vs. AGA Lawsuit Continues


...do not need to report the windshield claim to Allstate or windshield repairs cannot safely be made, or Allstate prefers replacement over repairs for all windshield damage. It wants AGA to also provide a written explanation of what an AOB is before the insured is asked to sign one.


On Feb. 5, Allstate’s attorneys also filed a number of motions in limine, the first to preclude some of the testimony of Isaly. A motion in limine is one that needs to be decided before the trial takes place. This motion argues statements Isaly made regarding calls among AGA’s customer service, its insured and its reps, as well as statements about Safelite Solutions and Safelite Autoglass, should be excluded.


At issue is a declaration by Isaly about such calls and one statement in which he said, “It is common knowledge that Safelite Solutions is a related company to Safelite Autoglass, the largest windshield replacement company in the United States and AGA’s biggest competition. It is also common knowledge that Safelite Solutions runs a network of glass shops who agree to charge and accept discounted rates in exchange for job referrals from Safelite Solutions.”


Allstate’s attorneys contend Isaly lacks personal knowledge of these issues and, because of this, should be precluded from testifying about them at trial.


AGA’s response filed with the court says Allstate has overlooked the fact Isaly is the owner and officer of AGA and is permitted to testify to his business practices and his dealings with both Allstate and Safelite, as well as industry standards and practices.


The second motion in limine seeks to keep AGA from accusing Allstate and/or Safelite Solutions from “accusing or suggesting in any way that [they] 'steer' Allstate’s insureds to auto glass shops other than AGA."


“There is no admissible evidence of any so-called ‘steering,'" reads the motion, “and the term itself is prejudicial.”


Allstate further wants the court to order...

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