Autobody News March 2011 Western Edition

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Western Edition California Nevada Arizona

29

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CA Paint Jobber NDI Sues BMW North America After the Automaker Implemented its own BMW Paint Line Nicolosi Distributing Inc. (NDI), a paint jobber in the San Francisco bay area, filed a lawsuit against BMW of North America earlier this year alleging intentional interference with a contract with a BMW-certified shop. NDI accuses BMW of North America of interfering with a contract the jobber had with a BMW-certified shop for paint supplies. The suit pertains to a contract signed between NDI and German Motor Collision Center, a BMW-certified collision center connected to the BMW of San Francisco dealership in May of 2005. The contract was a multi-year agree-

ment that BMW of North America was aware of before German Motors Collision Center signed it. NDI contends that “BMW intentionally interfered with NDI’s contractual relationship with German Motors Collision Center... by the following conduct: BMW has decided to product its own paint line ... BMW requires auto body shops painting a BMW automobile to only use BMW paint. BMW forced German Motors Collision Center to enter into a written agreement ... which requires German Motors to use BMW paint on

Jordan Hendler, executive director of the Washington (D.C.) Metropolitan Auto Body Association, averted a suicide attempt in January by physically intervening when she encountered a teenage girl threatening to jump Jordan Hendler from a freeway overpass. Hendler called 911 as she approached the girl on the edge of the overpass, then kept talking to her, pleading with her not to jump. “I told her something my father (CIC Administrator Jeff Hendler) always told me about suicide: “This is a permanent solution to a temporary prob-

lem.’” Jordan Hendler kept talking to the girl as another by-passer approached from the other end of the overpass. Together they restrained the girl and pulled her from the barrier she had climbed over. Hendler said it took both of them to hold the hysterical girl down until emergency responders arrived about four minutes after the call to 911. “It seemed like an eternity, a lot longer,” Hendler said. She said she knows nothing about the girl other than she looked to be about 14 or 15, and lives in a group home for teenagers. “You don’t know that one day you’ll be called upon to do the right thing at the right moment, but when the time comes, if you have your heart open, you will know exactly what to do,” Hendler said.

See Jobber Lawsuit, Page 6

Jordan Hendler Averts Teenager’s Suicide Attempt

VOL. 29 ISSUE 3 MARCH 2011

Class Action Judgments: GEICO Wins Appeal vs. Greenberger & Progressive Wins 2/6 vs. Blue Ash Inc. Two collision-related class action lawsuits against major insurers have recently been decided in favor of the insurers. In the GEICO case on appeal partially due to lack of evidence (the vehicle). In the Progressive case a summary judgment was returned on two of Erica Eversman six counts charged. comments on The plaintiffs in Progressive vs. the Progressive Blue Ash et. al. case have decided to drop the remaining existing charges to facilitate an appeal of the summary judgment. Don’t Give Away the Evidence The January 10, 2011 GEICO decision pertains to a Chicago law professor’s prospective class action suit accusing the insurance company of deliberately omitting repairs from its estimates. He lost the case in part because he gave away the car (the evidence) before the case was resolved. On July 4, 2002, Greenberger, a professor and administrator at a Chicago law school, was involved in an automobile accident, and his 1994 Acura sustained damage to its

bumper, steering box, suspension, and lower body. The next day, a GEICO insurance adjuster inspected the car at Greenberger’s home and wrote him a check for $3,284.69 ($3,784.69 minus a $500 deductible). Greenberger cashed the check but did not repair his car. Five months later, a stranger approached Greenberger in a parking lot and expressed interest in buying the car. Greenberger permitted this prospective buyer to take the Acura to a friend’s body shop for an estimate of what it would cost to repair it. The buyer’s technician, Sarkit Tokat of Lake Side Auto Rebuilders, delivered an estimate of $4,938.65, about $1,150 higher than GEICO’s estimate. The sale was not made, however, and in December 2002 Greenberger donated the car to charity without making any repairs. Exactly three years after accepting GEICO’s payment on his claim, Greenberger filed a proposed classaction lawsuit in Cook County Circuit Court alleging breach of contract, violation of the Illinois Consumer Fraud and Deceptive Practices Act, and common-law fraud. He claimed that GEICO systematically underpays on its auto-accident claims by omitting See Class Actions, Page 20

REGIONAL STORIES in this issue...

CA Paint Jobber NDI Sues BMW North America . . . . . . . . . . . . . .p. 1

Attanasio—Crozat’s G&C Autobody Seizes Opportunity . . . . . . .p. 48

Second CAA Meeting Involving EEEC Coming in March . . . . . . .p. 12

CAA San Diego Hosts Mitchell’s Greg Horn . . . . . . . . . . . . . . . . .p. 20

AQMD to Workshop NOx Reductions for Spray Booths . . . . . . .p. 24

NATIONAL and COLUMNS in this issue...

CREW Hosts New CIC Chairman Mike Quinn in Webcast . . . . . .p. 18

Toyota Probe Finds No Electronic Flaws . . . . . . . . . . . . . . . . . . . .p. 26

Danalevich—Insurance Appraiser Bootcamp . . . . . . . . . . . . . . . .p. 16

Insurance Insider Talks DRP Referrals . . . . . . . . . . . . . . . . . . . . .p. 32

Amaradio—Setting the Record Straight on Parts Testing . . . . . .p. 53

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