Wednesday, 26 May 2021 20:15

Allstate vs. AGA Lawsuit Continues


...neither the defendants nor their witnesses ever use the term “steering” in their testimony.


“Allstate fails to demonstrate any real risk of jury confusion or prejudice,” said AGA’s lawyers in their response to the motion. “Allstate may feel prejudiced because the evidence of steering is overwhelmingly harmful to Allstate’s case …”


The response also says the most probative evidence of steering resides in evidence currently deemed confidential because “they reveal Allstate and Safelite Solutions secret agreements and business arrangements, telephone scripting, telephone recordings and agreements between Allstate and other independent shops that all contain specific evidence of steering."


The third motion in limine seeks to keep defendants from offering any arguments based on financial documents AGA did not produce for the case. The defendant’s requirement to production financial documents has been the subject of a number of hearings in the case. AGA’s attorneys dismissed this argument as an attempt to re-litigate a different motion called a compel.


The fourth motion in limine seeks to exclude argument regarding the lack of evidence that specific windshields should have been repaired rather than replaced.


“Allstate … plans to introduce into evidence at trial, statistical evidence demonstrating that AGA should have been performing windshield repairs instead of replacements at least 20% to 30% of the time.”


AGA responds by saying Allstate itself admits it is unable to present evidence of specific windshields that should have been repaired, and this is an attempt to introduce irrelevant discovery issues and “vague oblique implications of spoliation into the trial…”


Allstate asks the court to exclude evidence of its new policy language in a fifth motion in limine. The motion details what the policy’s limits of liability were at the time the complaint was filed, versus how they, the insurer, changed them in September 2019. The motion argues...

Read 136 times