Alpine Glass Inc. Receives Fourth Six-Figure
Award Against Insurer Short-Pays
August 9, 2012
by: Casey Neeley; email@example.com
Minneapolis-based Alpine Glass Inc. has been awarded $133,862.04
from Liberty Mutual Insurance in payment for more than 350 short-paid
invoices ranging from July 28, 2005, through July 6, 2011, according
to the arbitration award signed by arbitrator Robert K. Randall.
The matter, which was heard before the Arbitration Tribunals of
the American Arbitration Association, was resolved on July 25, 2012,
in Alpine's favor.
The case arose from Alpine's allegations that Liberty failed to
reimburse them for expenditures accrued over the course of nearly
six years of glass repair and replacement claims for vehicles insured
by Liberty. Liberty, however, claimed that Alpine's charges exceed
the amount necessary to cover such cost of repair and replacement
and that their payments are "consistent with competitive prices
in the area."
As a result of the disagreement, Randall was left to decide on the
validity of Alpine's assignment from Liberty, the full scope of
work necessary for repair, what amount Alpine is entitled to, and
if Liberty committed a breach of contract. Randall agreed to the
legitimacy of Alpine's assignment, as well as the fact that Alpine
did submit 354 valid invoices.
Randall writes, "Respondent [Liberty Mutual] shall pay Claimant
[Alpine Glass] the amount of $133,862.04 pursuant to the terms of
its insurance policy. This amount represents the short-pay or an
underpayment by Liberty on the glass claims submitted for review
by the arbitrator."
Alpine did not receive the full amount of compensation originally
requested, however. Randall reduced the original $154,248.01 request
for compensation down to the awarded figure. The arbitrator's award
was less a mobile fee of $920 considered a part of regular business
non-specific to the Liberty matter, a mouldings fee in the amount
of $7,075.97 which was considered already covered under the re-payment
of the windshield, and a reduction of $35 per claim ($12,390) to
make the request more reasonable.
Mike Reid, president of Alpine Glass, issued the following statement
to glassBYTEs.com/AGRR magazine.
"Even though we have had enormous success seeking fair compensation
through arbitration, we would always prefer to work something out
with the insurers," says Reid. "Often, we are able to.
In this case, we tried to settle before the hearing and offered
to settle for much less than what we were awarded by the arbitrator
but Liberty was unwilling to be reasonable."
Alpine's attorney, Chuck Lloyd of Livgard & Lloyd, adds, "Alpine
intends to continue to pursue just compensation and if that means
litigation against insurers, all indications are that Alpine is
fully prepared to go down that path and do so very successfully."
Officials from Liberty Mutual had not yet responded to requests
for comment at press time.
This story is an original story by AGRR™ magazine/glassBYTEs.com™. Subscribe to AGRR™ Magazine.
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