Dozens of insurers have asked the court to dismiss an amended complaint by a group of Florida collision repair shops that allege the insurers use their direct repair programs to illegally control and depress rates. The complaint alleges that if the shops don’t comply, customers are steered away. The collision repair shops also allege the insurers require the use of aftermarket parts, such as aftermarket replacement windshields.
“Even aftermarket windshield glass poses a safety risk to vehicle occupants,” the attorneys for the collision repair shops allege.
“This is already the third iteration of the complaint in less than a year and this court has already provided clear instructions to the plaintiffs as to how to cure their pleading deficiencies. They have ignored or cannot comply with this court’s direction,” attorneys for the insurers write in court documents.
“The meager specificity of the complaint only serves to demonstrate that the individual plaintiffs do not have claims against the moving defendants,” the attorneys write.
Furthermore, they say, “With respect to both Sherman Act claims (price fixing and boycott), the complaint contains absolutely no allegation as to any of the moving defendants entering into any agreement to fix prices or to boycott suppliers. That was a fatal defect in the prior complaints, and it has not been corrected.”
The insurers ask the court to dismiss the complaint with prejudice and grant the defendants “further relief as this court deems just and proper,” according to court documents.