Paul Hawks of Bernie’s Body Shop in Lakeland, Fla., employing a "Limited Power of Attorney" signed by his customer, has filed a lawsuit for Breach of Contract against Progressive Insurance Company on behalf of his customer, a Progressive policyholder.
The lawsuit is the result of the nation’s fourth-largest personal auto insurer’s refusal to provide consideration for repair-related body materials, according to Hawks. The insurer’s position is that body materials are not compensable as they are a repairer’s "cost of doing business."
"It’s most unfortunate that a repairer must take these legal steps, but the under-payments and non-payments are continually increasing as insurers squeeze consumers and their repairers," says Hawks. "I’m sick of being intimidated by insurance companies. While rent, lights, advertising and such are … body materials are not ‘the cost of doing business.’"
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To Sue or Not to Sue?