Shops listed in LYNX’s METRYX registry don’t just enter into contracts with insurers, says Lisa Langford. They also sign agreements with LYNX.
Langford, LYNX’s senior director of client experience, testified in a June 30 emergency hearing during the ongoing lawsuit over alleged trade secret misappropriation.
After cross-examinations by counsels for State Farm and Safelite/Safelite Solutions, Langford once again answered questions from LYNX’s attorney during a redirect examination.
Most of the questioning from Safelite/Safelite Solutions’ counsel, John Taladay, focused on whether or not the information LYNX claims is a trade secret is actually common knowledge. During the redirect examination by LYNX’s attorney, John Goetz, Langford further explained why the information in question is not common knowledge and why LYNX has a duty to protect it.
Langford reiterated that several insurers, not just State Farm, use the METRYX database to access information from their network shops. It has been that way since the registry launched, she said.
“Part of the reason for METRYX’s launch in 2005 was the renewal of the [redacted] agreement at that time,” she said. “[Redacted] was the number two insurer.”
Goetz asked Langford to summarize for the court the terms auto glass retailers must accept before entering their data in METRYX.
“The retailer is agreeing to provide accurate information in order that business decisions might be made by LYNX Services for all client programs managed by LYNX,” Langford said.
Goetz asked if this was an agreement directly between the third-party administrator (TPA) and glass providers, separate from the network agreements shops sign with insurers. Langford said that it is.
Goetz pointed to a clause in the METRYX retailer agreement saying that LYNX “will not share [the retailers’ information] with third parties” and asked Langford what that means.
“[It means] that it is not public information,” she replied. “[LYNX] is agreeing to keep it private and proprietary unless it’s required by law.”
Throughout the lawsuit, State Farm and Safelite have maintained that the information in question was collected by LYNX on behalf of State Farm and belongs to State Farm. Langford disagreed.
LYNX provided files containing claim and call information to State Farm monthly, Langford said. She confirmed that all of that information belongs to State Farm.
“As part of the process for this [legal] action, did you go through and identify which of the information is our trade secret and which of the information might be State Farm information?” Goetz asked. Langford said she did.
After Goetz completed the redirect examination, Judge Jonathan Hawley of the U.S. District Court for the Central District of Illinois, Peoria Division, gave State Farm’s counsel, Jeff Wakolbinger, the opportunity to ask another question.
“At any time after the March 31 announcement that State Farm made to its service providers saying, ‘We will be switching to Safelite, nothing will change,” are you aware of any concerns that service providers expressed to LYNX about confidential information that they had entered into the METRYX system being shared with Safelite?” Wakolbinger asked.
“No,” Langford said.
glassBYTEs/AGRR will continue to cover the LYNX v. State Farm lawsuit in coming newsletters.
