David versus Goliath: New York Restraint of Trade Suit Continues
July 15, 2011

A hearing was held earlier this week in a case filed by a New York auto glass shop owner who is representing himself in a suit he filed against 14 insurers and two third-party administrators. David Harner, owner of Auto Glass of Westchester Windshield Doctor, filed the suit in April and alleges those involved have committed breach of contract, fraud, unfair claims settlement practices, restraint of trade, anti-trust, and coercion, among other charges, through their alleged actions in dealing with his business and his customers.

The hearing was held at the request of the defendants as they had announced previously their intentions to motion to have the suit dismissed.

While the transcript of the hearing has not yet been released, court records show that the judge ordered the defendants to file their motion to dismiss by today, July 15. Harner will be required to file his opposition to the motion by August 15. An oral argument is set to follow on October 28.

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