Allstate Responds to Courts Ruling on Mediation Extension Request

Allstate Insurance Company, Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company and Allstate Property and Casualty Insurance Company (collectively Allstate) filed an unopposed motion that requested additional time for the insurance company to respond to the defendants, Auto Glass America LLC (AGA) and its owner, Charles Isaly’s motion to dismiss for lack of subject matter jurisdiction. Allstate requested an extension to April 3, 2020, according to its motion.

“Allstate has requested an extension before the expiration of the deadline and has good cause for the extension. This motion is made in good faith and not for the purposes of delay and the extension will not prejudice any party,” a portion of Allstate’s motion reads.

The insurance company also stated the coronavirus as a factor in its decision to file for an extension.

“Due to growing concerns and workplace adaptions caused by the Novel Coronavirus, it is taking longer than expected to gather the information needed and to draft a response that addresses all [of] the issues raised in the motion,” a portion of Allstate’s motion reads. “Allstate therefore requests an extension to file a response. This extension will have no effect on any other court ordered deadlines and will not prejudice any party.”

Case Background

The lawsuit began with Allstate’s complaint alleging 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 to provide its pricing agreements. Allstate cited confidentiality as its reason for not providing its pricing agreements. However the presiding judge ordered the insurance company to produce its pricing agreements.

From there AGA and Isaly responded to Allstate’s emergency protective order. The presiding judge then issued an order regarding the emergency motion. Last week Allstate requested additional time to meet with the defendants for mediation, to which the judge granted parts and dismissed parts. According to Allstate’s motion, the requested date is 15 days after the discovery deadline. The mediation date was previously scheduled for March 23, 2020. The presiding judge agreed that more time should be allotted, but did not agree to Allstate’s requested date. Ultimately the Court extended the mediation deadline until May 29, 2020 and expects the parties to confer in a good faith effort to reschedule mediation on a mutually agreeable date.

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

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