Judge Grants AGA’s Motion to Compel Allstate to Produce its Pricing Agreements

The legal showdown between plaintiff, Allstate Insurance Company, Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company and Allstate Property and Casualty Insurance Company (collectively Allstate) and the defendants, Auto Glass America LLC (AGA) and its owner, Charles Isaly marches forward. Last week U.S. Magistrate Judge Leslie R. Hoffman’s filed a response granting a motion that compels Allstate to produce its pricing agreements.

According to court documents, the parties met and conferred in the courthouse on February 26, 2020 in an effort to resolve several motions which included AGA’s motion to compel Allstate to produce its pricing agreements.

“Auto Glass America, LLC’s motion to compel production of pricing agreements is granted. On or before March 6, 2020, Allstate Insurance Company shall produce documents responsive to request for production,” a portion of Hoffman’s response reads.

Hoffman also noted, any documents produced shall be designated as highly confidential, attorneys’ eyes only consistent with the parties’ confidentiality agreement. In addition, if either party determines it does not have any responsive information or documents in its possessions, custody, or control with respect to the discovery requests addressed, then according to Hoffman, the party must serve a supplemental answer or response stating so.

The lawsuit began with Allstate’s allegations that both AGA and Isaly allegedly pressured its insureds into hiring them for windshield replacements, while obtaining assignment of benefits (AOBs). The lawsuit began to heat up, as AGA and Isaly responded to Allstate’s emergency motion 24 hours before the presiding judge issued an order. To which AGA and Isaly filed another motion against Allstate. Shortly after a mediation was scheduled.

The insurance company previously urged the court to deny AGA and Isaly’s motion to compel Allstate provide its pricing agreements. Allstate cited confidentiality as its reason for not providing its pricing agreements.

“Prior to the instant dispute with AGA, there were a few disputes with other glass shops regarding amounts paid by Allstate, which were resolved by settlement. The settlement agreements were designated as confidential and included pricing terms for payment of windshield repair and replacement claims. Defendants now seek those confidential settlement agreements,” a portion of Allstate’s response to AGA and Isaly’s motion to compel pricing agreements reads.

Now, however the insurance company must produce its pricing agreement materials to the defendants on or before March 6, 2020, according to court documents.

Case Background

For more background on the case, see glassBYTEs’ prior coverage, including: how the case started with Allstate’s complaint, AGA and Isaly’s response to Allstate’s emergency protective order, how the presiding judge issued an order regarding the emergency motion, AGA and Isaly’s additional motion to compel pricing agreements and the scheduled mediation.

Look to a future edition of glassBYTEs for continued coverage of the suit.

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