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4 March 2021
New England Automotive Report
March 2021 • Volume 19, No. 3
DEPARTMENTS
CONTENTS AASP/MA FEATURE
VICE PRESIDENT’S MESSAGE by Matthew Ciaschini
6 | My Next Step in AASP/MA EXECUTIVE DIRECTOR’S MESSAGE by Evangelos “Lucky” Papageorg
10 | “Let Me Count the Ways...” LOCAL NEWS 12 | ADALB Debates Photo Estimating vs. In-Person Appraisals AASP/MA MEMBER SPOTLIGHT by Alana Bonillo
14 | Steve’s Collision Center VENDOR AFFINITY PROGRAM MEMBER SPOTLIGHT
20 | LABOR RATE: Facts, Fiction and the Future – Part 5 (An Economist’s Perspective) by Fred Jennings, Jr., EconoLogistics
COVER STORY
by Alana Bonillo
18 | PPG
LEGAL PERSPECTIVE
by James A. Castleman, Esq.
34 | What Should Be on an Appraisal?
ALSO THIS ISSUE 7 | AASP/MA MEMBER APPLICATION 19 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS
24 | In Defense of Consumers: Why ADALB Reform Matters by Joel Gausten
New England Automotive Report
March 2021 5
VICE PRESIDENT’S MESSAGE
My Next Step in AASP/MA MATTHEW CIASCHINI
After five seemingly short years on the AASP/MA Board of Directors, here I am writing to you as your new vice president. I have a lot of people to thank for this new role (as well as for my presence on the Board at all). My brother, Zac, who is the coowner of Full Tilt Auto Body (our shop in West Hatfield), is the first to thank. He got me into this industry and encouraged me to be on the Board. About six years ago, the harassment from longtime Board members Peter Langone (Langonet Auto Body & Frame; Agawam) and Gary Cloutier (Cloot’s Auto Body; Westfield) began. They’re both friends and fellow shop owners I knew from Western Chapter meetings. Most of the prodding came from Pete, who kept telling me that the Board needed a younger owner’s voice and more participation from us Western Chapter guys. So, after two or so years of being encouraged, I caved in and joined the Board – with absolutely no idea what I was getting myself into. Immediately, I was met with lingo I had never heard before, mostly coming at me in acronyms everyone else seemed to understand: DOI, ADALB, DPL, DOJ, AG…The list went on and on. Honestly, I needed a cheat sheet. Things quickly got better as I realized everyone was there for a common goal and willing to help this newbie without any hesitation.
STAFF
AASP/MA EXECUTIVE COMMITTEE
PUBLISHER
President Kevin Gallerani
SALES DIRECTOR
AASP/MA STATEWIDE DIRECTORS
EDITORIAL DIRECTOR
Director At-Large Adam Ioakim
Thomas Greco | thomas@grecopublishing.com
Alicia Figurelli | alicia@grecopublishing.com
Joel Gausten | joel@grecopublishing.com
EDITORIAL/CREATIVE COORDINATOR Alana Bonillo | alana@grecopublishing.com
OFFICE MANAGER
Donna Greco | donna@grecopublishing.com
PRODUCTION COORDINATOR
AASP/MA DIRECTORS
I immediately had mentors, including Rick Starbard (Rick’s Auto Collision; Revere), who was the collision director at the time. Rick showed me and others that we had the power to do what was right for our industry and not be dictated to by insurers. Our fearless leader and longtime president, Molly Brodeur (Al Brodeur’s Auto Body; Marlborough), set an example of leadership through intelligence, hard work, compassion and openness, allowing everyone to feel comfortable to bring ideas to the table. Peter Langone, who chaired the AASP/MA Legislative Committee during my first four years on the Board, taught me a lot about the legal side of our industry – which was where I felt I could make the most difference. When we went to meetings in person (remember those days?), Pete, Gary and I would start an hour earlier than everyone else because we would meet and drive in together to get primed for the matters at hand. Needless to say, I learned a lot on those rides. With the exception of Gary and Molly, everyone I’ve mentioned has retired from the Board and is sorely missed. But we have a great new Board that is ready to go to work for the Massachusetts collision industry harder than ever. The membership could not have chosen a better president in Kevin Gallerani (Cape Auto Body; Plymouth), and I’m proud to continued on pg. 38
Vice President Matthew Ciaschini
Treasurer Dana Snowdale
Legislative Director At-Large Tom Ricci
ZONE 1 Mike Penacho Dan Wenzel John Studer
ZONE 2 Ray Belsito Joshua Fuller Brenda Lacaire
Affiliate Director Rick Fleming
Affiliate Director Bill Spellane
ZONE 3 Andrew Potter Brian Stone Phil Morin
Secretary Gary Cloutier
Collision Director At-Large Rob DelGallo ZONE 4 Kevin Kyes Jim Marshall Paul Tuscano
Joe Greco | joe@grecopublishing.com
PUBLISHED BY: Thomas Greco Publishing, Inc. 244 Chestnut Street, Suite 202, Nutley, NJ 07110 Corporate: (973) 667-6922 / FAX: (973) 235-1963 www.grecopublishing.com
AASP/MA ADMINISTRATIVE OFFICE AASP/MA Executive Director Evangelos “Lucky” Papageorg
New England Automotive Report is published monthly by TGP, Inc., 244 Chestnut Street, Suite 202 Nutley, NJ 07110. Distributed free to qualified recipients; $48 to all others. Additional copies of New England Automotive Report are available at $5 per copy. Reproduction of any portions of this publication is specifically prohibited without written permission of the publisher. The opinions and ideas appearing in this magazine are not necessarily representations of TGP Inc. or of AASP/MA. Copyright © 2021 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com
6 March 2021
New England Automotive Report
AASP/MA Administrative Assistant Alana Bonillo
WWW.AASPMA.ORG
Affiliate Directors Frank Patterson Jeff White Don Dowling P. O. Box 850210 Braintree, MA 02185 617-574-0741
New England Automotive Report
March 2021 7
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March 2021 9
EXECUTIVE DIRECTOR’S MESSAGE
“Let Me Count theWays...” EVANGELOS “LUCKY” PAPAGEORG
Some of you may be familiar with the title of this message. It is from a sonnet written by the poet Elizabeth Barrett Browning. It is a love poem…but I read it as an analogy to a story of fraud. More specifically, think of fraud being perpetrated against insureds, legislators, collision repairers and – yes, in some instances – insurance companies. There are several ways fraud can be inflicted upon the insured during the repair process. In some cases, it is done with intent and malice of forethought. Whether by intention or not, what is important to note is that the attempt to defraud the insured is not initiated at the time of repair but in the process leading up to that repair. Upon having an accident, the insured has been well trained to contact their insurer as quickly as possible. Therefore, the claimant is led down the insurer’s preferred path early. The insurer has painstakingly developed very specific word tracks for their claims department personnel to follow when speaking to claimants. It starts right from the first call when the claimant is notified that their conversation may be recorded for “training” purposes. The traumatized claimants may hear the words but often are unaware of the unintended consequences of speaking on a recorded line. Along with being traumatized, the word tracks are meant to solicit certain responses that are NOT always in the claimant’s best interest. Once the unknowing claimant has been lured in and comforted by the claims representative and made to feel that they are dealing with a “friend” who is there to “help” them, the fraud continues through further word tracks intended to get the vehicle repaired where the insurer – rather than the claimant – wants the work done. “Steering” is just as much an issue today as ever before. Here are some all-too-common examples of word track use: “We cannot guarantee how long it will take to even ‘see’ your vehicle if you do not use one of our shops.” “We may not be able to cover all the procedures or the labor your shop may charge.” “We guarantee the work at our shops.” All of these statements, either alone or in combination, do not tell the whole story and are fraudulent ways to coerce the claimant to choose from the insurer’s list of shops. Each of these statements are “clearly” covered by regulation and are intentionally misrepresented to the unknowing claimant. Next up is, “You can take your vehicle to one of our shops, and they can start working on the vehicle right away.” Better yet: “You could take a bunch of photos for us and send them in, and we will write a thorough estimate.” When was the last time you saw an estimate (whether written in a drive-in claims center or from photos taken by the claimant or a road appraiser) that did not need a substantial supplement just to
10 March 2021
New England Automotive Report
cover (under the regulations) “all the parts, labor, materials and necessary procedures […]” for damages that could not have been reasonably anticipated at the time of the appraisal? In my opinion, this is an intentional attempt to knowingly defraud the claimant. It is done in the hopes that the vehicle owner does not go to “one of those problem shops” that is aware of all the needed procedures and takes the time to document them. Saying that it will be “made right” on a supplement openly bastardizes the purpose of that supplement, which is NOT a “get out of jail free” card for the staff or independent appraiser. It is not intended to legitimize fraudulent acts by staff or independent appraisers – whether they are instructed to write in this fashion or are just incompetent. Granted, this could be an “oops, I missed that” situation in some cases. But what about every time an insurance company appraiser knowingly writes at an insufficient rate for paint and materials? The appraiser is ignoring the rules and regulations or is intentionally submitting paperwork they know to be fraudulent, If it’s the latter, the appraiser is doing this, as stated in 212 CMR 2.02 (5), “under the pains and penalties of perjury”! All they need to do is look back at the hundreds of supplements they have written to see how insufficient the $17 per paint hour (in the case of one insurer) actually is. Again, whether intentional fraud or just incompetency, both should be subject to action against the appraiser’s license. Even if the appraiser is being instructed to follow certain guidelines, they are liable for their actions. It would be no different than if you were driving a vehicle and I were your passenger. If I instructed you to blow through a red light and we got caught, you could point at me all you want, but you would still be the one getting the ticket! As licensed appraisers, we must all be held to the same level of accountability. Every appraiser out there knows this, and most of them sympathize with collision repairers when discussing what they know to be an artificially controlled rate of reimbursement for the work performed. Knowing it to be the case does not excuse ignoring the facts. Every appraiser who writes an estimate below a collision repair shop’s posted Labor Rate is committing fraud, and they know it. While we are counting the ways, let’s consider the fraud that is being committed against the claimant by a Board that is charged with protecting the public. Every time a complaint has been dismissed without further investigation by the Auto Damage Appraiser Licensing Board (ADALB) for omissions and failure to properly negotiate all aspects of a repair (leading to poorly written appraisals by licensed appraisers), a fraud is allowed to take place against the claimant and the public at-large. It is not without trying. It is difficult for the ADALB to be impartial when it is slanted to one side by the advantage of just one vote belonging to the Insurance Commissioner’s appointed continued on pg. 39
New England Automotive Report
March 2021 11
[LOCAL] NEWS
ADALB Debates Photo Estimating vs. In-Person Appraisals The Auto Damage Appraiser Licensing Board (ADALB) held its first teleconference meeting of the year on January 27. The meeting took place after the one previously scheduled for January 19 was postponed due to (in the words of ADALB Chairman Michael Donovan) “technical difficulties.” The January 27 meeting included lengthy discussion on the
“horrendous” photo estimates that are being written due to the new in-person inspection threshold. “People might as well sketch the damage out with a crayon on a napkin and send it in,” he said. “It couldn’t be any worse.” Board member Peter Smith (MAPFRE) argued against rescinding the Advisory Ruling, stating he has not seen “any specific
possibility of rescinding the Board’s March 2020 Advisory Ruling
examples of actual appraisals that these concerns have been raised
that temporarily waives the requirement of personal inspection of
on.” The Board will continue its discussion on this Advisory Ruling
motor vehicle damage in cases where the amount of loss, less any
at its next meeting on March 23 (which will very likely be held via
applicable deductible, is under $3,000. This amount represents
teleconference).
an increase from the $1,500 threshold established in current
For those who question the efficacy of insurance companies
state regulations. The Advisory Ruling was issued in response to
requesting receipts, an Advisory Ruling on the matter is being
Governor Baker’s State of Emergency declaration in Massachusetts
considered. Please read the latest Damage Report for further details.
as a result of the coronavirus pandemic.
Audio of the complete January 27 meeting is available in the
Board member Rick Starbard (Rick’s Auto Collision; Revere)
Members Only section of aaspma.org. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
called for the Advisory Ruling to be called off in light of the
12 March 2021
New England Automotive Report
MASSACHUSETTS
New England Automotive Report
March 2021 13
[AASP/MA] MEMBER SPOTLIGHT
by Alana Bonillo
Steve’s Collision Center Steve’s Collision Center owner Brenda Lacaire and her team are passionate about their commitment to making sure customers are treated right and always leave the shop happy.
some steps toward these goals. However, she remains optimistic and is grateful to continue on with steady work, which allows her to make sure her employees are well cared for. The shop always strives to do the job right by researching the necessary OEM procedures prior to starting a repair. Steve’s Collision Center has been a member of AASP/MA for many years. Lacaire was just recently elected to the Board of Directors, representing the Midstate Chapter (Zone 2). “I was honored to be considered by the Board and the membership. I’m here to learn more and share my knowledge with others. I hope that my own experiences can help others along the way.”
Steve’s Collision Center offers welcoming surroundings and exceptional care. Lacaire has been steering the Sturbridge-based facility’s operations since November 1996. She first came on to do office work alongside its original owner, Steve Brunelle, who had been in business since 1985. “I stayed with him all those years. As he worked less, I worked more,” she recalls. In 2015, Brunelle decided it was time to move on and asked Lacaire if she was interested in buying the business. With the support of her husband, Craig, she made the decision to take over Brunelle’s business and keep it going. She continues to manage the business side of the operation, while the repair work is left to the shop’s experienced team. The talent at Steve’s Collision Center includes Mike Biron (who has been on board for roughly 15 years and serves as shop manager), painter Brian Prunier and technician Jason Renaud. Lacaire identifies the technician shortage as one of the biggest challenges the collision field faces these days. “It’s difficult to find good people who are interested in getting involved in this industry.” To keep up with the ever-changing landscape that is collision repair, the shop is working towards I-CAR Gold status as well as pursuing OEM certifications. Lacaire says technician changes through the past year with Steve’s Collision Center owner COVID-19 have forced her Brenda Lacaire to have to go back and retake 14 March 2021
New England Automotive Report
Brenda Lacaire’s “summer fun car” that was painted at the shop Lacaire has never left an AASP/MA meeting or event without taking home some valuable newfound information. “I always pick up something I didn’t even realize I didn’t know just by listening and talking to someone at a meeting.” Lacaire is also passionate about being involved with the community and therefore takes part in a number of groups and activities. One event very near and dear to her heart is the Festival of {Giving}Trees (sparklingtrees.com), of which she serves as chair. The annual event raises thousands for multiple charities. Although the Festival had to be held virtually last year, Lacaire is proud to report it still raised more than they ever expected. She also serves as treasurer of Woman in Business, Inc. (wibsturbridge.org), a Sturbridge-based organization that supports women by fostering networking, sharing information and experiences and providing educational opportunities. Additionally, she is a member of the Lions Club, the National Exchange Club and Business Network International. Helping people is in her nature, and she is thankful that her business gives her the opportunity to do so. “People come in because they got into an accident. It’s your job to make them comfortable and help them out. It really is all about taking care of people. I never thought that this profession would be so much about that, but it really is.” PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
It Takes Genuine Honda Collision Repair Parts To Achieve a Genuine Honda Fit. Honda collision repair parts are engineered and manufactured to Honda standards. In the collision-repair business, time is money, and you can’t waste time on parts that almost fit properly. Use Genuine Honda replacement parts. Your reputation depends on it. For Genuine Honda parts, contact these Authorized Honda dealers. Bernardi Honda 960 Worcester Road Natick, MA 01760 Parts Direct: 800-247-3033 FAX: 508-651-1220 www.bernardihonda.com
Kelly Honda 540 Lynnway Rt. 1A Lynn, MA 01905 Parts Direct: 800-779-7466 FAX: 781-595-2898 e-mail: mpsomosjr@kellyauto.com
Honda of Enfield 20 Palomba Drive Enfield, CT 06082 Toll Free: 800-222-6632 FAX: 860-253-5419 www.liahondaofenfield.com
Honda North 382 Newbury Street Danvers, MA 01923 Toll Free: 800-882-9797 FAX: 978-774-9483 e-mail: eadams@iclautos.com www.hondanorth.com
Schaller Honda 1 Veterans Drive New Britain, CT 06051 Toll Free: 800-382-4525 Direct: 860-826-2080 FAX: 860-826-2083 e-mail: jkiniry@schallerauto.com www.schallerauto.com
Lundgren Honda of Auburn 525 Washington Street Auburn, MA 01501 Toll Free: 800-777-2044 FAX: 508-721-0872 e-mail:pmccarthy@lhonda.com www.lhonda.com
Balise Honda 400 Riverdale St. West Springfield, MA 01089 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!
Balise Honda of West Warwick 509 Quaker Lane West Warwick, RI 02893 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!
Lia Honda of Northampton 293 King Street Northampton, MA 01060 Toll Free: 800-369-7889 Direct: 1-413-587-2900 FAX: 1-413-585-0502 www.liahondanorthampton.com
New England Automotive Report
March 2021 15
THEY’RE CALLED “ORIGINAL BMW PARTS” FOR GOOD REASON. FOR UNCOMPROMISING PRECISION AND INCOMPARABLE QUALITY, YOUR BMW CENTER IS YOUR ONE-STOP SHOP FOR EVERYTHING BMW. For Original BMW Parts, contact one of these authorized BMW centers: BMW of West Springfield 1712 Riverdale St. West Springfield, MA 01089 PH: 413-746-1722 FAX: 413-304-9009 bmwwestspringfield.com
BMW of Stratham 71 Portsmouth Avenue Stratham, NH 03885 PH: 603-772-0000 FAX: 603-772-9436 bmwofstratham.com
New Country BMW 1 Weston Park Ave. Hartford, CT 06120 PH: 860-240-7881 FAX: 860-240-7873 newcountrybmw.com
BMW of Warwick 1515 Bald Hill Rd. Warwick, RI 02886 PH: 401-821-1510 FAX: 401-823-0530 bmwofwarwick.com
Tulley BMW of Nashua 147 Daniel Webster Hwy Nashua NH 03060 PH: 603-888-5050 FAX: 603-888-8427 tulleybmw.com
©2021 BMW of North America, LLC. The BMW name, model names and logo are registered trademarks.
16 March 2021
New England Automotive Report
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Helping you do business is our business. Order Audi Genuine Parts from these select dealers. Audi Natick 549 Worcester Street Natick, MA 01760 www.bernardiaudi.com 800.247.3033 Fax: 508.651.6841
Audi Peabody 252 Andover Street Peabody, MA 01960 800.774.8411 Parts Direct: 978.605.2182 email: pwalke@iramotorgroup.com www.audipeabody.com
Mattie Audi 80 William S. Canning Blvd. Fall River, MA 02721 800.678.0914 Fax: 508.730.1283 www.mattieaudi.com
Hoffman Audi 700 Connecticut Blvd East Hartford, CT 06108 860.282.0191 Fax: 860.290.6355 www.hoffmanauto.com
New England Automotive Report
March 2021 17
[VENDOR AFFINITY PROGRAM] MEMBER SPOTLIGHT by Alana Bonillo
PPG strives to be a trusted business more of its product training online to meet partner to collision repair shops and the market demand. distributors that sell its products. “We have found that online learning is For more than 135 years, the needed – not just because of the pandemic, international company has maintained but because it can be difficult for painters its reputation as a leading and trusted to find time to leave the shop when they’re developer of paints, coatings and materials. busy,” Rusnak says. “If a body shop has However, that’s just the beginning of what it one painter or two, it can be challenging provides to the industry. to have them out of the shop for training. “We are multifaceted in the way we Also, considering we are working with partner with collision repair centers and digital tools in a whole new way during the distributors,” explains Cathy Rusnak, PPG’s pandemic, the need for us to have online manager of segment brand strategy. training – especially for certification and Through its MVP Business Solutions recertification – has really accelerated.” platform, PPG offers courses on customer Despite the ups and downs of 2020, service, estimating, increasing productivity PPG Massachusetts Territory Manager via shop floor layout development and Rick Morris is pleased to report an increase more. Thanks to its network of exclusive in sales last year. Additionally, PPG is a Platinum Distributors, shops throughout proud Gold-level participant in AASP/MA’s Massachusetts get what they need when they Vendor Affinity Program. BEST CHEVROLET_NEAR0320.qxp_Layout 1 2/12/20 12:02 PM Page 1 need it. This goal is helped along by PPG’s “It’s really important to participate work with non-exclusive distributors as well. with AASP/MA, as they bring us as much Currently, PPG is working to bring information as we bring them as far as what
Providing industry training is a key factor in PPG’s customer support.
is going on in this market with insurance companies,” observes Morris, who adds that he has found that those who are involved with AASP/MA have greater success in the market due to the knowledge they gain through association membership. Not surprisingly, he encourages all non-members he encounters to consider joining. “The shops in AASP/MA are rocking and rolling and growing stronger. That’s such a contrast with those who are not members.”
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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New England Automotive Report
Toll Free 800.932.7900 781.749.3354 | Fax 781.749.7804
A M P/
S A A
Thanks to our VAP Members for their continued support during this pandemic crisis.
"Your Massachusetts Auto Body Association" PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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New England Automotive Report
March 2021 19
[AASP/MA] FEATURE
by Fred Jennings, Jr., EconoLogistics
Labor RatE:
Facts, Fiction and the Future - Part 5 ( An Economist’s Perspective ) Editor’s note: For this latest installment in our ongoing series on the Labor Rate, we welcome economist Fred Jennings, Jr. for his third in a series of articles that will feature his research and perspectives on the issue. We thank Fred for his contributions and welcome reader feedback on any of the topics he presents. This is my third in a series of four articles that take an in-depth view into the Labor Rate issue. The first installment described the current situation and discussed the 1963 Consent Decree and litigation involving the collision repair industry. The second piece examined the real level of Labor Rates in a market not controlled by insurers, using widely accepted methods of economic evaluation to show why Labor Rates in an uncontrolled market would exceed the prevailing free-market level of auto mechanical Labor Rates. This third part will address two arguments: Auto insurers maintain an “efficiency argument” that their control of the collision repair market benefits policyholders by cutting costs and premiums, while the collision repair industry adopts a “market power interpretation” that auto insurers’ behavior neither benefits policyholders nor protects consumers’ safety. The fourth part will test these views, based on a statistical analysis of geographical Labor Rate patterns. The analysis will be explained, its method described and the findings reported and interpreted. Introduction The auto insurance industry justifies its suppression of Labor Rates with the claim that its referral/program shop system is efficient and also reduces cost to consumers. Some collision repair providers contend that this system is not efficient and involves an abuse of market power against the consumer and the auto body industry. Many complaints brought by collision shops against insurers have been filed based on alleged violations of fair trade and antitrust statutes. But the general issues surrounding these conflicting claims 20 March 2021
New England Automotive Report
of efficiency versus market power need further attention. First, I will look at market power: What it means, why it matters and how we might think about its effects. Second, I will consider the question of how we might determine whether auto insurers’ control of collision repair is efficient or not. Third, I will address some factual information that might help to resolve this question. Fourth, I will anticipate what my final article in this series might show about this controversy. Market Power Economics is about choice; the more options you have, the better. The antitrust laws are intended to protect our range of options from attempts to narrow or restrict them. After all, if a seller can limit buyers’ options, they are more likely to buy from that seller. The same principle applies to buyers trying to limit suppliers’ options. The argument goes like this: Monopoly Power: When you have a single seller (or just a few sellers with oligopoly, so they can collude much like a monopoly), that seller can raise prices and restrict output to consumers if such behavior enhances monopoly profits, at least in the short run. In normal markets, such high profits attract competitive entry, which brings those profits down to “normal” levels. Competitive entry does not occur for some reason, so consumers are not served more efficiently at competitive prices. The monopolist is somehow protected from these market forces.1 Monopolies involve an abuse of market power by sellers against final buying consumers in the form of higher product prices that consumers have to pay. Monopsony Power: Monopsony power is a bit different, because instead of facing downstream (being used against consumers), it is used by buyers against suppliers, squeezing their prices and profits. In a manufacturing context, a monopsonistic price squeeze against suppliers pushes them back down an upwardsloped supply curve (under normal assumptions), thus reducing costs
along with the amount and/or quality of the inputs sold by those suppliers. This situation can “look like” efficiency with its lower costs, except for one important issue: Those “cost savings” cannot be passed to consumers by a monopsonistic buyer! Why? Because that buyer’s final product demand curve slopes downward, meaning that passing on those savings in cost will increase sales of final products. But the price-profit squeeze against suppliers has decreased the amount and/or quality of the inputs supplied, and you cannot increase output with fewer inputs! The whole point and purpose of monopsony power abuse is to drive a wedge between final product prices (which rise with reduced output) and the costs – and amounts – of inputs supplied (which have fallen). Final product prices are rising (just like with monopoly), while input costs and final output are both reduced as a means to increase monopsony profit. So, in both cases – of monopoly and monopsony – output is reduced, final product prices rise and consumers have to pay more. The main difference is that, with monopsony, suppliers are squeezed as well. The Auto Insurance Case: The primary difference between monopsony power abuse in manufacturing (as described herein) and that by auto insurers – if the market power interpretation of their behavior is correct – is that the “demand” for collision repair services is not very sensitive to prices and costs. It is more closely dependent upon the frequency of auto collisions. Some minor repairs may respond to price by being foregone, but the overall volume of such repairs is not very price-sensitive. Consequently, a price-profit squeeze against suppliers does not reduce the level of demand for collision repairs very much. Its primary impact is to drive a wedge between higher final product prices (namely, auto insurance premiums) and lower payments for collision repair services. Since the demand for collision repair services is not responsive to price, the primary impact of a price squeeze on suppliers may be on the quality of the repairs performed (although that possible loss of consumers’ safety is hard to quantify). There is another wrinkle to this argument, however, when auto insurance premium rate hikes must be justified by a rise in the “costs of fulfilling claims.” This means that if higher premiums for auto insurance are to be cost-justified through monopsony power abuse, the lower payments must be internally padded in some manner so accounting costs are raised. In the realm of utilities such as electricity, economists have identified a phenomenon called the “Averch-Johnson Effect,” associated with rate-of-return regulation, where capital costs are inflated to increase absolute profits for a fixed rate of return. Utilities would – in effect – place the equivalent of lead-coated gold statues on their lawns to raise their capital costs in order to increase profits under a fixed rate of return. The auto insurance situation
Description
differs slightly, in the absence of rate-of-return restrictions, though an incentive for inflating costs still remains strong as a means to raise insurance premiums. In order to work, such a padding of costs has to be internal and disguised, implemented through means such as “marketing” rebates back to an insurer from high-cost referral/ program shops or in the form of excessive administrative processing costs (which operate like gold statues). The point is that auto insurers’ squeeze on the costs of collision repair must coincide (somehow) with an increase in the “costs of fulfilling claims” in order to justify higher premiums. The padding of cost must be well disguised as a means to profit from monopsony power abuse. An indirect test of these costs is suggestive, however, based on a comparative history of auto insurance premiums and collision repair prices. Auto Insurance Premiums vs. Collision Repair Costs The auto insurers’ “efficiency argument” means that prices align with costs so profits are being constrained by a competitive process. If so, then their inflation rates should coincide. The auto collision repair industry’s “market power interpretation” implies that profits are not so contained and that costs are suppressed while premiums are not. This means that auto insurance premiums will rise faster than the costs of auto collision repair. A quick look at the history of prices for collision repair versus auto insurance premium rates (relative to other price indices such as the consumer price index [CPI]) is informative in this regard. Please see the chart below. The base years for all these comparisons are 1982-84. The average prices of motor vehicle (MV) parts and equipment have risen relatively slowly at 1.07 percent per year, while the price of MV body work has risen at 3.23 percent per year, with an average rate of increase for both combined being somewhere between those two figures (perhaps close to the CPI for all items of 2.6 percent per year). The price of MV insurance has risen by 4.69 percent per year, which exceeds even the rising costs for medical care of 4.55 percent per year. The difference between the inflation rates for motor vehicle insurance and for body work plus parts over the 37 years since 1983 (if labor and parts charges are assumed to be approximately equal) implies that premiums have risen more than twice as fast as the costs of body work plus parts (with comparable CPIs through 2020 of 544.6 versus 236.4, which shows insurance premiums rising 2.3 times as fast as the costs of collision repair).2 The apparent fact that premiums have risen much faster than collision repair costs, especially when parts are included, supports a market power interpretation of this situation, as it shows an increasing wedge between price and cost that might result from monopsony power abuse. The evidence is not definitive, but it does continued on pg. 30
Base Year
2020 Index
Average Growth Rate
CPI – All Items
1982-84
258.8
2.6% per year
CPI – Medical Care
1982-84
518.9
4.55% per year
CPI – MV Maint & Repr
1982-84
306.0
3.07% per year
CPI – MV Body Work
1982-84
324.7
3.23% per year
CPI – MV Parts & Eqpt
1982-84
148.1
1.07% per year
CPI – MV Insurance
1982-84
544.6
4.69% per year New England Automotive Report
March 2021 21
[COVER] STORY
by Joel Gausten
In Defense of Consumers: Why ADALB Reform Matters
The collision repair industry is not just about fixing cars; it’s about advocating for and supporting consumers. With this indisputable fact in mind, 2021 will see the continuation of AASP/ MA’s work to dramatically reform the Auto Damage Appraiser Licensing Board (ADALB). Previously known as Senate Bill 182 (with a new number to come in this upcoming session), AASP/MA’s legislation aims to move the ADALB from the Division of Insurance to the Division of Professional Licensure (where all other professional licenses in the state are maintained). The bill’s purpose aligns with Governor Baker’s executive order “to ensure proper review of the regulation of professional licensing by independent boards.” Additionally, the bill seeks to expand the size of the ADALB to include two consumer advocates, one appointed from the Attorney General’s Office and the other from a consumer advocacy group, and replace the current Board chairman, appointed by the Massachusetts Commissioner of Insurance, with one appointed by the Commissioner of the Division of Professional Licensure. Additionally, it will set term limits for all ADALB members. The current bill has been submitted by Representative Tackey Chan (D-2nd Norfolk), House chair of the Joint Committee on Consumer Protection and Professional Licensure, and has been assigned a docket number with a permanent House number to follow.
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New England Automotive Report
At its core, AASP/MA’s current ADALB-related legislation is a consumer-protection tool. It was created to better ensure that critical state regulations pertaining to repair and reimbursement are followed equally by all appraisers – whether they are independent, work for an insurer or represent a collision repair facility. Due to its experience overseeing a host of other trade industries (plumbing, hairdressing, electrical work, etc.), the Division of Professional Licensure has the power to investigate consumer-generated noncompliance issues and enforce licensing requirements – actions that are sorely lacking in the current ADALB structure. And at a time when virtually every facet of American life is financially impacted by COVID-19, there would be no additional costs incurred to enact the bill’s provisions. Over the past several months, various AASP/MA members have brought a personal touch to the association’s goals by having direct conversations with area legislators on the ADALB/DPL bill and other matters of concern. Last fall, current AASP/MA Board member Paul Tuscano (Auto Body Builders; Middleton) and business partner Keith Ells demonstrated their commitment by hosting an in-shop meeting with Senator Bruce Tarr (R-1st Essex and Middlesex), AASP/MA Executive Director Evangelos “Lucky” Papageorg and current Board affiliate member Jeff White (North Andover Auto Body). Tuscano was pleased to have the opportunity continued on pg. 26
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[COVER] STORY continued from pg. 24 to shine a stronger light on the issues this legislation aims to address. “Getting this bill passed will add strength in support of our cause, but the main thing is to support the consumers we all represent,” he explains. “Having a representative from the Attorney General’s Office and a consumer representative on the ADALB would definitely help. In many ways, we’re fighting an uphill battle with insurance companies with one hand tied behind our back right now. Having said that, it is the consumer who loses when repairs aren’t performed properly because a shop stood down to an insurance company’s request to use unsafe parts or do something else that would lead to an improper repair or perform required repairs without proper reimbursement under the insurance policy’s indemnification language. We want to provide excellent service so that vehicles repaired at our shops will react as intended if they’re involved in another accident.” For Brian Bernard, co-owner of Total Care Accident Repair in Raynham, welcoming Senator John Keenan (D-Norfolk and Plymouth) to his facility for a meeting on the bill last September was time well spent. “We have a Legislature that is very unfamiliar with our industry, so having face-to-face meetings allows us to communicate our issues and gives our legislators an opportunity to learn more about us.”
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At its core, AASP/MA’s current ADALB-related legislation is a consumer-protection tool. In addition to welcoming Senator Keenan at Total Care Accident Repair, Bernard later attended a meeting with Senator Susan Moran (D-Plymouth and Barnstable) held at Cape Auto Body in Plymouth and joined his business partner, Jack Lamborghini, on a Zoom call with Senator Marc Pacheco (D-1st Plymouth and Bristol). He is greatly encouraged by the response these gatherings received. “The support was overwhelming at all three meetings. These conversations help to legitimize our industry and our needs. We are people who live in these communities, and we are voters. We have jobs, we have families and we want to be professional in everything we do. This gave the legislators an opportunity to see that and say, ‘Yes, these are real business people who are being mishandled through our Licensing Board process, and we need to correct this.’ They really understand the kind of pains we’re going through, and they recognize that we’re being wronged. They also know that consumers are being wronged by not getting the best opportunity to get their cars repaired by well-trained, well-equipped professionals in our industry. With this bill specifically, they see that there’s something not quite right [with] the way the ADALB is configured. This bill would improve that situation and make the ADALB a more objective board that is treated the same way as all the other boards in this state.” In addition to AASP/MA’s push for ADALB reform, the month ahead will see the association continue its efforts to ensure minimum reimbursement to claimants during the repair process. Information on this endeavor will be shared in the near future. Despite operating their businesses during an incredibly challenging 2020, AASP/MA members spent last year setting the stage for substantial progress in making the association’s ADALB/ DPL bill a reality. With such a critical consumer-protection endeavor still at stake, Bernard urges the entire Massachusetts automotive community to take a stand and get involved. “Our association needs a bigger voice from more people in our industry. We are all responsible for participating if we want something good to happen. If people decide not to participate, then obviously this will always be an uphill battle. But when we can get more people participating – and get more senators and representatives to visit shops and have those relationships – then these things will begin to happen.”
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New England Automotive Report
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[AASP/MA] FEATURE continued from pg. 21 not support an efficiency claim. My next article will address this question more directly. A Preview of the Final Article The final article in this series will report on an economic test of these two arguments based on national Labor Rate data. The findings will be analyzed in an attempt to resolve the issue with a look at the geographical variability of Labor Rates. Auto insurers’ “efficiency argument” requires that prices (Labor Rates) align with costs (measured in some manner). Since costs in high-density urban areas tend to exceed those in rural regions, an “efficiency argument” means that Labor Rates will rise with population or shop density
Fred Jennings, Jr. of EconoLogistics (“Consultants to Business and Law”) can be contacted at (978) 356-2188 (for messages only), (617) 605-3150 (direct line) and econologistics@yahoo.com.
across different counties. However, if Labor Rates do not align with the rising costs of higher-density areas (because the more shops that exist in a region, the greater the opportunity to play them off against each other), this would support a “market power interpretation” of this situation. Consequently, these two arguments can be tested against each other based on the regional distribution of Labor Rates. The results of such a test will be reported in my next and final report in this series. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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Correction: A passage in Fred’s first article in the January 2021 issue of New England Automotive Report was inadvertently changed during the editing/proofreading process prior to print. The intended passage was as follows: “‘Monopsony’ may be an unfamiliar term. ‘Monopoly’ is market power used against buyers by a single seller, where sellers can take advantage of buyers with limited choices by jacking up prices.“Monopsony” is market power used against suppliers by buyers, who take advantage of suppliers with limited choices by squeezing payments. Both involve abuses at the expense of consumers and/or suppliers based on their limited options.”
Monopolies can result from exclusive patents, regulation or other means. They are usually temporary, unless protected by legal means against competitive entry. A direct comparison of motor vehicle insurance premiums with body work, ignoring parts, means the former rises by 1.67 times the latter instead of 2.3 times. The difference in their rates of price increase remains significant. The previous assumption that labor and parts charges are approximately equal is not unrealistic as an approximation. 1 2
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March 2021 33
[LEGAL] PERSPECTIVE by James A. Castleman, Esq.
What Should Be on an Appraisal? Any collision repair shop appraiser reading this article has been there – perhaps more often than not. They receive an insurance appraiser’s initial appraisal that has a line item that says something like “repair door” and nothing more relating to that particular element of the damage to the vehicle. Where are the line items for blending into adjacent panels? Where are all of the R&Is? Where did the appraiser come up with the number of hours to repair the door? Did they perhaps think that the number they picked would be high enough to cover the costs of the additional necessary procedures? Probably not, but if so, where did they come up with the idea that it would satisfy their legal obligations as to how to write their appraisal? The Auto Damage Appraiser Licensing Board (ADALB) regulations have lengthy provisions governing what appraisers need to list on their appraisals. Most importantly, one sentence of the regulations pointedly says, “The appraiser shall itemize the cost of ALL parts, labor, materials and necessary procedures required to restore the vehicle to pre-accident condition and shall total such items.” [Emphasis added.] The requirement to list all parts, labor, materials and necessary procedures does not apply to just a final appraisal that is completed after negotiation with a repair shop. It applies to each and every appraisal that every Massachusetts-licensed auto damage appraiser writes, including the first one. If an insurance appraiser sees that a door needs to be repaired, then the regulations require that they write for every element of that repair, including all related necessary procedures. Further, and in line with the above, another section of the ADALB regulations states that all appraisal forms “are required to have an itemization of parts, labor and services necessary for repairs thereof.” That section of the regulations goes on to require that the prepared appraisal “shall be sworn to under the penalties of perjury.” When an insurance appraiser prepares any appraisal, they are swearing – under penalties of perjury – that what is on that document is an itemization of the cost of all parts, labor, materials and necessary procedures required to restore the vehicle to preaccident condition. The ADALB can sanction an appraiser – including revoking their license – for falsely swearing that they have listed everything on their appraisal. Remember, anyone who writes an appraisal as part of their licensing exam and fails to include all necessary items and procedures is going to potentially fail that exam. Why should they then be able to get away with writing an incomplete appraisal after they get their license? They shouldn’t. Are there exceptions? Sort of, but there’s really only one. It is limited and relates only to hidden, unknown or unforeseeable damages. The relevant section of the regulations, again in line with those sections already cited, states that the appraiser “shall specify all damage attributable to the accident, theft or other incident in question and shall also specify any unrelated damage.” It then goes 34 March 2021
New England Automotive Report
on to say, “If the appraiser determines that preliminary work or repairs would significantly improve the accuracy of the appraisal, he or she shall authorize the preliminary work or repair with the approval of the claimant and shall complete the appraisal after that work has been done.” So, it is not a true exception. It still requires an appraiser to write for all damage that they can see and itemize all elements of the repair, including necessary procedures. It just gives them the ability to authorize preliminary repairs in order to determine some elements that could not yet be known or anticipated. It does not allow the appraiser to write a “visual damage-only” appraisal that just says “repair door” and leave it at that. It is true that there are also provisions of the regulations that require an insurance appraiser and repair shop appraiser to attempt to negotiate the cost of repair. Other provisions allow a repair shop (or its customer) to request that an insurance appraiser write a supplement. Despite what may too often be the actual practice, negotiations are supposed to start from a point where both the insurance appraiser and their repair shop counterpart have written what they believe are complete appraisals that itemize all elements necessary to repair a damaged vehicle to pre-accident condition. As per the regulations, supplements are supposed to cover the situation where the shop or claimant, “after commencing repairs, discovers additional damaged parts or damage that could not have been reasonably anticipated at the time of the appraisal.” [Emphasis added.] They are NOT supposed to cover the situation where the insurance appraiser has failed to follow the regulations and itemize all elements that they know are required to effectuate repairs to pre-accident condition. They are not supposed to cover the blends and R&Is that go hand in hand with the repair of a door. Those procedures were required by the regulations to be on the insurance appraisal in the first place. Why Do Insurance Appraisers Do This? I can only think of a few reasons why an insurance appraiser would fail to write for all parts, labor, materials and necessary procedures on their appraisals, and none of them are good. First, perhaps the appraiser is just lazy and does not want to take the time and make the effort to prepare a proper appraisal. They figure that the repair shop is going to request a supplement for the additional items anyway, so why not wait until they see what the repair shop appraiser writes? And if the repair shop does not request a supplement, then that is the shop’s problem. Second, maybe the appraiser thinks that they are saving their company money if they fail to write a complete appraisal. After all, under the Automobile Insurers Bureau (AIB) cost containment standards, insurers are required to carefully control how much they pay out in claims costs. The appraiser may think that if they fail continued on pg. 36
New England Automotive Report
March 2021 35
[LEGAL] PERSPECTIVE continued from pg. 34 to write all necessary items, then the repair shop may not pick it up and the insurer will not have to pay all costs. Perhaps worse, they think that the claimant will pocket the claims payment and never have the repairs made, so that there would never even be a request for a supplement. Please understand, however, that neither the AIB cost containment standards nor the claimant’s decision to pocket the claim proceeds in any way affects the insurer’s obligation to pay to properly repair a vehicle. Additionally, this has no effect on the insurance appraiser’s legally required obligation to write an appraisal that includes all elements necessary to repair a vehicle to pre-accident condition. Under the governing collision coverage and comprehensive insurance statutes, an insurer is required to pay “for direct and accidental loss of or damage to the insured motor vehicle, subject to a deductible of $500, up to a limit equal to the actual cash value of the vehicle less such deductible.” The standard Massachusetts auto insurance policy says, “We will pay the cost to repair the auto or any of its parts up to the actual cash value of the auto or any of its parts.” Under both the governing statutes and the insurance policy, the insurer is not supposed to pay for only part of the cost of that repair; it is supposed to pay the full cost. The third reason that I can think of is that they are just incompetent. Any competent appraiser should know what their legal obligations are when writing an appraisal, and they should know all of the elements needed to make the required repairs. But let’s face it, despite having passed the ADALB licensing exam, there are some insurance appraisers who clearly should have pursued a different profession. The potential fourth reason – and one I hear often from repair shop owners – is that the appraiser says that they are instructed to write their appraisals in this fashion. This does not alleviate the responsibility or legal jeopardy of the appraiser representing the insurance company, nor does it serve as a defense against losing their license.
they are promised under their insurance policy, i.e., to get paid the full cost to repair their vehicle to pre-accident condition when they have a collision loss whether or not they actually repair their car or even if they have partial repairs made. Second, the repair shop may be shortchanged. That facility is required to safely repair its customer’s vehicle to industry standards and may have liability issues if it doesn’t. If the shop accepts the initial insurance appraisal even though that appraisal does not cover all necessary costs of repair, then it may not be able to afford to properly repair its customer’s car. So, does the shop make less than proper repairs, or does it perform proper repairs and lose money on the job? Third, the insurer actually may be paying out more money than it needs to on the claim. If the insurance appraiser writes an inadequate initial appraisal, how many more times will they have to come out to the repair shop to negotiate a supplement? How long is the car going to sit at the shop without being repaired or in the middle of repair while the shop tries to negotiate a supplement? In these instances, the insurer may be paying its appraiser for time running back to the shop when that person could have been writing for damage to another vehicle. The insurer may be paying for additional days of rental car coverage while the supplements are being negotiated. And the insurer may end up paying for additional storage of a vehicle (and for stall/frame machine tie-up time) because the shop isn’t able to work on that vehicle. Where are the cost containment savings in these cases? Nowhere. Conclusion The ADALB regulations require that all appraisals include a listing of ALL parts, labor, materials and necessary procedures required to restore a damaged vehicle to pre-accident condition. This is a legal requirement for all licensed auto damage appraisers in Massachusetts, and it is time that all insurance appraisers start following the dictates of those regulations. Otherwise, maybe it is time for some of them to find another line of work.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
What Are the Effects of Failing to Write a Complete Appraisal? There are several effects resulting from an insurance appraiser failing to write an appraisal that itemizes all elements required for a repair. Again, none of these are good. First, the claimant may be shortchanged. They paid the full cost of their auto insurance premium, and they are entitled to what
Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 472-3424 or at jcastleman@prclawoffice.com.
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New England Automotive Report
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VICE PRESIDENT’S MESSAGE continued from pg. 6 work under him as his vice president. I have worked with Kevin throughout my tenure on the Board, and we have become good friends. We both look forward to making a difference in this industry. In my new position, I will try to fill the shoes of the many great Board members who served in this role before me. Another friend and Board member, Adam Ioakim (Hogan And Van Auto Body; Medford), served as vice president before Kevin and has been extremely helpful throughout this transition. In my new position, I have recently spent a lot of time in passionate Legislative Committee meetings, but we’ve come out the other side with important agreements and directions. Much of this has been aided by Tom Ricci (Body & Paint Center; Hudson), our returning Legislative Committee chair. He has fought our fight for
This association is THE ONLY entity fighting for the rights and wellbeing of YOUR customers, YOUR shop and YOUR industry. The only way we can keep effecting change is for everyone to join.
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New England Automotive Report
a long time and is always quick to share the history of the legislative struggles between our industry and the insurance industry to help the Board understand where we are going. I also have to thank our current collision director, Rob DelGallo (Factory Collision & Restoration; Weymouth), for his words of wisdom on proper repair and his confidence as a repair expert when met with adversity from insurers. My thanks also go to Board member Josh Fuller (Fuller Auto Body; Auburn), for being a voice of reason and business knowledge, and Executive Director Lucky Papageorg, who never stops working incredibly hard for us. These are just some of the people who work tirelessly for our industry and consumers. They do this behind the scenes to make a difference in the industry we all work in and love. Please, if you own or manage a shop but are not an AASP/MA member, JOIN NOW! This association is THE ONLY entity fighting for the rights and wellbeing of YOUR customers, YOUR shop and YOUR industry. The only way we can keep effecting change is for everyone to join. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
AASP/MA VICE PRESIDENT MATTHEW CIASCHINI is the co-owner of Full Tilt Auto Body & Collision (Easthampton, Northampton and Hatfield; fulltiltautobody.com) and can be reached at fulltilt.matthew@gmail.com.
EXECUTIVE DIRECTOR’S MESSAGE continued from pg. 10 chairperson. Those who have followed the proceedings of the ADALB for the past several years have clearly seen the injustice and the reason so many licensed insurance appraisers have laughingly taunted collision repairers with, “Go ahead; take me to the Board!” These appraisers know it is just a continuation of the fraud initiated from the very first phone call by the claimant to their insurance company. When speaking of fraud, we must also look internally at the collision repair industry. There is no excuse for fraud no matter how oppressed or suppressed you may feel we have been as an industry. It is equally important to understand what is truly considered a fraudulent act. Ultimately, your final invoice to your customer is the final test. If you began with a signed repair order, discussed with the owner how you were going to repair the vehicle and created a final bill listing all the procedures, parts and charges for the work and services you provided, it would be a challenge for any accusations of fraud to be levied and be successfully proven against you. Too often, collision repairers are under the false impression they must perform all procedures and replace all the parts listed by the insurer. The vehicle owner has the final decision. However, you should always be sure the vehicle owners understand the ramifications of their decisions. There is a statement on nearly every insurance appraisal
that says something like this: This is not authorization to repair; only the vehicle owner can authorize the repairs to be performed. It then continues with this ominous warning: Nor is this a guarantee of payment. The last statement, in particular, is one to be most wary of. These are words to clearly understand. Just because you have negotiated with an appraiser does not mean you will be getting paid. (Repairer beware.) There is no excuse for fraud of any kind, be it intentional or not. It is up to each and every one of us in the collision repair industry, whether you are a repairer or an insurance appraiser, to understand our obligations to the claimant and that you have been granted the privilege of being professionally licensed. It is a privilege not to be taken lightly or abused. It is not a license to commit fraud or be directed to do so. A WORD TO THE WISE!!!! Do not ignore your responsibilities as outlined in the regulations, in particular 212 CMR 2.0: “THE APPRAISAL AND REPAIR OF DAMAGED MOTOR VEHICLES.” The days of accountability are on the horizon. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
AASP/MA EXECUTIVE DIRECTOR EVANGELOS “LUCKY” PAPAGEORG can be reached at (617) 574-0741 or lucky@aaspma.org.
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March 2021 39
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