Responds to Teleglass Complaint
Amica Mutual Insurance Co. has answered the suit filed by Teleglass
National Corp. in the U.S. District Court of Massachusetts and denies
many of the claims made by Teleglass in its complaint, filed on
October 15, 2007. In the original complaint, Teleglass seeks "preliminary
and permanent injunctive relief to maintain the status quo and prevent
Amica from unilaterally and wrongfully terminating the parties'
glass services agreement." Teleglass previously had been providing
glass claims services for the Lincoln, R.I.-based insurer.
The companies' original agreement for Teleglass to provide its
services was dated March 1, 2006, and provided for a 1-year initial
term. According to Teleglass's complaint, the agreement contains
an automatic renewal prevision, so that the agreement automatically
renews for additional 1-year terms on its anniversary date. If either
party wished to terminate, 30 days' written notice to the other
party was required. Teleglass says that the initial agreement also
noted that termination could only occur effective as of March 1
(the agreement's anniversary date) and that Amica would not be allowed
to terminate the agreement based upon "pricing concerns,"
unless Teleglass was given the chance to remedy the concerns. "In
other words, the Agreement provides Teleglass with a right of first
refusal as to the pricing or cost of the services being provided
to Amica under the agreement," the complaint alleges.
Teleglass claims that Amica attempted to terminate their agreement
by a letter dated August 17, 2007, effective October 17, 2007, and
neither noted pricing as a cause, nor gave Teleglass a chance to
remedy its concerns.
Amica denies the terms of the agreement that Teleglass cites and
that it breached its contract with the Woburn, Mass.-based glass
claims processor. It also denies Teleglass' claim that it is due
"injunctive relief" in the matter.
Teleglass is represented by John R. Skelton and Timothy H. Madden
of Bingham McCutchen LLP in Boston. Robert L. Kirby Jr. and Jennifer
A. Arthur of Nixon Peabody LLP are handling the case on the behalf
of Amica. The plaintiff's counsel was not available for comment
at press time, and glassBYTEs.com/AGRR magazine is
awaiting comment from the defendant's attorney.
Currently an initial scheduling conference is slated for November
27 at the U.S. District Court, room no. 12 on the fifth floor.
HERE for the full text of Teleglass' original complaint.
HERE for the full text of Amica's response.
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