Wednesday, 26 May 2021 20:15

Allstate vs. AGA Lawsuit Continues


...the new endorsement is not relevant to this claim.


Allstate’s limit of liability changed in September 2019. As detailed in court documents:


Allstate Limits of Liability Prior to September 2019


Limit of Liability


Our limit of liability is the least of:


1. The actual cash value of the property at the time of the loss, which may include a deduction for depreciation;
2. The cost to repair or replace as determined by us, the property or part to its physical condition at the time of loss using parts produced by or for the vehicle’s manufacturer, or parts from other sources subject to applicable state laws and regulations; or
3. $500 if the loss is to a covered trailer not described on the Policy Declarations.


Allstate’s New Limits of Liability Language September 2019


Limit of Liability


Unless otherwise agreed to by us and your shop of choice, our limit of liability for losses involving only glass breakage or damage will be:


For Windshield Replacements:


Windshield Glass: 50% of the pricing for like kind and quality windshield glass as set forth in the National Auto Glass Specification (NAGS) on the date the approved windshield installation occurred.


Windshield Replacement Labor Rate: $40 per recommended hour as set forth in the National Auto Glass Specifications (NAGS) on the date the windshield installation occurred.


High Modulus/Non-Conduction Urethane: $20 for 1.0 kit, $30 for 1.5 kits, $40 for 2.0 kits.


All Other Urethanes: $15 per kit.


Moulding: 80% of the manufacturer list pricing for like kind and quality molding on the date the approved windshield installation occurred.


For Windshield Repairs: $60 single payment per windshield.


You have the right to choose any glass repair facility or location. At your request, we will identify a glass repair facility that will perform the repairs at the price shown on the schedule.


All other policy terms and conditions apply.


AGA argues in its response Allstate’s motion should be denied because it is irrelevant and because the insurer’s new policy language establishes it could have avoided “the harm it complains of and that there is no threat of future harm.”


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