March 2020 Southwest Edition

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38 YEARS

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AUTOBODYNEWS.COM Vol. 38 / Issue 3 / March 2020

Texas Collision Repairer Pursues Tortious Interference

Louisiana Auto Dealer Named TIME Dealer of the Year

Larry Cernosek, owner of Deer Park Paint and Body in Pasadena, TX. Cernosek is actively pursuing a $10,000 lawsuit against State Farm which alleges that the insurance company committed tortious interference by its refusal to compensate the collision repair facility for procedures deemed necessary by the shop on five separate repair jobs. The lawsuit was filed in August 2019, and in October 2019, despite State Farm’s objections, Williamson granted Cernosek’s requests for discovery related to the insurer’s labor rate calculations, and its adjusters’

TIME Dealer of the Year by TIME and Ally Financial at the 103rd National Automobile Dealers Association (NADA) Show in Las Vegas. Moffitt was chosen from a field of 49 auto dealer nominees, who were selected from nearly 17,000 franchised dealers across the country. One of the most prestigious honors for auto dealers, the TIME Dealer of the Year Award recognizes leaders who have suc-

by Chasidy Rae Sisk

On February 6, Harris County Precinct 8-1 Justice of the Peace Holly Williamson issued a ruling upholding a Texas collision repairer’s request for discovery into State Farm’s rate calculations and a variety of other estimating practices, in addition to denying State Farm’s motion to dismiss. In a hearing the day before the ruling, “(T)he Judge explained that definitions, the profile of the estimating software, how the prevailing rate is determined and the training of the appraisers is not a trade secret or confidential information,” explained

See Tortious Interference, Page 38

Susan Moffitt of Porsche in Shreveport, La. is the 2020 TIME Dealer of the Year. Moffit is pictured here with (l to r) NADA President Peter Welch, Ally Auto Finance President Doug Timmerman and Susanna Schrobsdorff, executive editor and chief partnerships officer of TIME

Susan Moffitt of Porsche in Shreveport, La. today was named the 2020

See TIME Dealer of the Year, Page 24

“Collision Boost Radio” Podcast For Those New to The Collision Repair Industry

CIC Subcommittees Offer Competing Suggestions on How to Deal With “Opt-OE” Parts

Jeff and Marie Peevy have announced the launch of “Collision Boost Radio” (CBR), a weekly podcast series for newcomers and those considering a career in the collision repair industry. The podcast will debut with four episodes on February 17, 2020, and Jeff and Marie will be conducting interviews during the FCA/Nissan Certified Collision Conference in Orlando, FL that same week. The free weekly podcast will be hosted by Jeff, president of the Automotive Management Institute (AMi) and 2019-2020 chair of the Collision Industry Conference (CIC), and his

by John Yoswick

wife and teammate Marie, president and founder of Automotive Training Coordinators and a Women’s Industry Network (WIN) board member. “Collision Boost Radio is for anyone starting or considering a career in the collision repair industry,” said Jeff. “Our goal is to provide listeners with a larger view of the dynamics and opportunities available and offer guidance, knowledge and inspiration.” The podcast will include interview conversations with successful industry professionals who many listeners will find to be relatable and in-

Heated exchanges that erupted during the “Parts and Materials Committee” presentation at the Collision Industry Conference (CIC) in Las Vegas in November sounded “exactly what committee meetings feel like,” Aaron Schulenburg, committee co-chairman joked, and demonstrated, according to

See “Collision Boost Radio”, Page 18

Ken Weiss said six definition labels his subcommittee defined help make clear the nuances among part types. Credit: John Yoswick

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co-chairman Ken Weiss, “why we ended up with two subcommittees.” The committee about a year ago inherited from another CIC committee the task of trying to resolve the is-

sue of a variety of types of parts being listed as “opt-OE” on parts platforms or estimates. Weiss and Schulenburg said the committee had been so polarized on the issue that they decided to break into two “more like-minded” work groups to each form a proposal on how to most clearly describe parts available in the marketplace for those making parts decisions. Weiss said his work group came up with six different categories of new parts that differentiate, for example, an “OEM dealer” part from the exact same part sold in the same packaging but outside the automaker’s dealer network (described by his sub-committee as an “OEM non-dealer” part). Two other of the six categories would differentiate a certified non-OEM part from one that is not certified. In between were two other categories for parts produced by the same manufacturers that produce the same parts for the vehicle manufacturer; Weiss’ subcommittee dubbed those as “Tier 1 OEM” parts if they bore the same branding as the See “Opt-OE” Parts, Page 22

2/18/2020 9:35:53 PM


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