Gunder's Auto Center, which recently filed an appeal with
the United States Supreme Court in its slander/tortious interference case
against State Farm, is now claiming that documents surrendered to the court
prove State Farm altered information provided by Gunder's on paint materials in
its prevailing rate survey.
Gunder's claims that it completed and submitted the
survey on Sept. 29, 2009, answering "Yes" to the question, "Do
you use an automated paint materials rate calculator?" and leaving a blank
when asked for "rate charged for paint materials." It also listed 15
employees for "shop capacity."
However, Gunder's claims the documents demanded in the
court's order show that the shop capacity was changed to 10, the answer to
"Do you use an automated paint materials calculator" was changed to
"No," and a rate of $26 per refinish hour for materials was listed
next to "rate charged for paint materials."
"I'm confident that this is not an isolated incident
and that this is the likely reason [State Farm] has failed to supply us all the
surveys and other information as ordered by the court," said Ray Gunder,
owner of Gunder's. "For years, across the entire country, monies have been
withheld from repairers under the guise of the so-called survey and 'Prevailing Competitive Pricing' by State Farm and all those insurers
who follow their lead. Such deceit and unethical business practices have earned
State Farm many billions of dollars in unjust profits billions that the
consumer never received benefit of through proper and thorough repairs."
Gunder's Files Appeal with U.S. Supreme Court