Ultra Bond Files Petition for Re-Hearing in Repair Suit; Claims Repair Option Not Offered to Insureds
Rich Campfield and his company, Ultra Bond Windshield Repair and Replacement, have filed a "petition for re-hearing" in their suit against State Farm and its glass claims administrator, LYNX Services. The U.S. Court of Appeals for the Tenth Circuit recently issued an opinion dismissing the case, which dealt with repair services and, specifically, long-crack repair. The original case had been dismissed in 2005, prior to the recent appeal. (CLICK HERE for related story.)
"We have filed a Petition for Rehearing as we disagree with the ruling," says Campfield. "This case affects millions of consumers and an entire industry."
The petition for re-hearing was filed last Thursday in the U.S. Court of Appeals for the Tenth Circuit. In the petition, the company notes that "the challenged act here is not whether long cracks are repairable."
"The challenged act is not allowing the consumer to decide
what to purchase by not disclosing the free windshield repair option that
State Farm admittedly provides," write Todd L. Vriesman of Montgomery,
Kolodny, Amatuzio & Dusbabek LLP and Robert L. Allman and John P.
Mitzner of Allman & Mitzner LLC, attorneys for the plaintiff.
In addition, the petition alleges that "State Farm/LYNX ma[ke] it virtually impossible for the CSR to honor a consumer's request for a long crack repair by intentionally not having a referral database of expert repair technicians that repair long cracks."
By allegedly not offering the repair option, Ultra Bond and Campfield claim that the companies are violating the Colorado Consumer Protection Act (CCPA).
"The issue is whether State Farm intentionally omitted to advise its insured, the consumer, that it had a choice," reads the petion. "The 'deceptive act' is nondisclosure of purchase information to an insured seeking that informationwhile purchasing a windshield repair or replacement."
Campfield says that the company is requesting a trial by jury, and if this request is denied, he plans to file an additional suit.
" If we are denied a trial then we will have no choice but to file another suit," he says.
Representatives from State Farm in Bloomington, Ill., were not available for comment at press time.
HERE for full text of petition.
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