Gunder's Auto Center Defeats Progressive

Gunder’s Auto Center Defeats Progressive’s Motion to Dismiss and Invoke Appraisal Clause

Lawsuit was filed on behalf of Gunder's customer due to Progressive’s alleged failure to pay for the reasonable and necessary costs to repair the customer's vehicle.

The Honorable Judge Susan B. Flood of the County Court of the Tenth Judicial Circuit in and for Polk County has denied Progressive’s motion to dismiss a lawsuit filed by Ray Gunder of Gunder’s Auto Center acting on behalf of his customer and strike claim for attorney’s fees. Furthermore, the court denied Progressive’s motion and defeated the insurer’s efforts to invoke the appraisal clause as provided for in their policy contract.

Gunder’s Auto Center’s customer executed a Durable Limited Power of Attorney, allowing Gunder to stand in his shoes for this litigation. Gunder’s filed the suit due to Progressive’s alleged failure to pay for the reasonable and necessary costs to perform repairs to Gunder’s customer’s damaged vehicle.

“Progressive tried hard to keep our legal action from going forward by invoking their bogus ‘appraisal clause’ and motion for dismissal,” said Gunder. “I sat in that courtroom and watched our brilliant attorney, Brent Geohagan, destroy Progressive’s legal counsel’s arguments and offer the judge reasoning as to why our position was correct. The judge agreed and rendered her decision in favor of our customer.

“This ruling is huge as it allows us to proceed with the multiple lawsuits we currently have in process on behalf of other customers who have been shortchanged by this insurer as well as other insurers who have underpaid their policyholders.”

These other lawsuits seek full payment of the underpayments, plus costs, expenses, attorney fees, prejudgment and post-judgment interest.

You May Also Like

Corby’s Collision Center: Since 1942

Bentley (Bud) and Evelyn Corby started Corby’s in a little gas station in Honeoye Falls, N.Y.

Corby’s Collision, Inc. has been repairing vehicles since 1942 when Bentley (Bud) and Evelyn Corby started their automotive venture in Honeoye Falls, N.Y., in a little gas station on North Main Street. In 1954, the business moved to its present location at 1212 Rochester St., where they continued repairing vehicles and selling Arctic Cat and Ski Doo snowmobiles. In 1985, Larry and Bonnie Corby purchased the family business, expanding in 1996 when they opened a second location in the Canandaigua area as Corby’s Precision Collision at Ontario Imports in the Ontario Mazda building. In 1999, the Canandaigua business was moved to its present location at 2460 State Route 332. Now, as the third generation, Leslie (Corby) and Kelly Craft continue to carry on the family tradition.

CIF Announces Enterprise as Repeat Annual Donor

Enterprise has donated for the fourth consecutive time at the Urgent Care (second highest) tier.

NABC Donates Recycled Ride to Central Georgia Mom

The NAB), GEICO and Five Star Collision Center-Wimbish recently donated a refurbished vehicle to a deserving mother of four.

NABC Donates Recycled Rides at NORTHEAST Show

The NABC, GEICO, Mountain View Auto and Collision Center of New Jersey donated two refurbished vehicles at the recent NORTHEAST Show.

Crash Champions Expands in Idaho

Crash Champions has announced the acquisition of Addison Collision Repair in Twin Falls, Idaho.

Other Posts

Auto Care Association Welcomes GAO Report on Vehicle Repair Restrictions

The Auto Care Association is renewing its call for Congress to advance federal Right to Repair legislation that protects independent business owners and consumers.

ProColor Collision Welcomes First Shop in Montana

ProColor Collision Gallatin Valley is operated by Robert Rinta and Simon Gratch, who both served honorably in the Montana National Guard.

Association News

The latest association news appearing on bodyshopbusiness.com.

Podcasts of the Week

A review of some of the latest podcasts from BodyShop Business.