Allstate files response in legal battle

Insurer alleges that insureds were pressured into relinquishing assignment of benefits

Allstate files response in legal battle

Insurance News

By Lyle Adriano

Allstate Insurance Company has filed a response to a motion to compel filed by a windshield repair shop alleging that the insurer needs to provide more information related to a case about forced windshield repairs.

This is actually the second response Allstate has filed against the motion placed by Charles Isaly and his windshield replacement business Auto Glass America (AGA).

Last December, Allstate filed a complaint alleging that AGA and Isaly had coerced insureds into hiring them for windshield replacements, obtaining assignment of benefits from insureds, submitting invoices to Allstate for excessive amounts, and filling more than 1,400 lawsuits for recovery of payments. A mediation date for the case was set for March, 2020.

After the mediation date was set, AGA and Isaly filed a motion to compel so that they could get some answers and proof of Allstate’s accusations. In turn, the insurer filed its response last week, asking the court to deny the motion since it believes both AGA and Isaly are asking for information that is irrelevant to the lawsuit.

Earlier this week, Allstate returned to the Southern Florida courts to file a second response to AGA and Isaly, glassBYTEs.com reported. In the second filing, the insurer explained that it believes the windshield replacement company is attempting to broaden the scope of discovery in the case.

“This broad, expansive discovery would be extraordinarily burdensome for Allstate Fire & Casualty and the other plaintiffs to produce and is simply not needed for AGA to gather information relevant to its one small claim that it has asserted against Allstate Fire & Casualty. Thus, AGA’s broad and oppressive discovery is not proportional to the needs of this case,” Allstate said in its response.

Allstate added that the claims AGA and Isaly made about them conferring with plaintiffs’ counsel by telephone and email about the outstanding discovery and their motion to compel were not accurate.

Isaly and AGA had requested that their attorney’s fees be covered by Allstate, which the insurer is also asking the courts to turn down.

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