A lawsuit filed by the West Virginia attorney general alleging that Liberty Mutual implemented policies that called for body shop owners to repair new vehicles using "junkyard" parts has been moved to federal court, the Charleston Gazette reports.
Lawyers for Liberty Mutual sought to move the lawsuit to federal court because the suit raises issues under a 1975 federal warranty act, the newspaper reported. The move forced the cancellation of a preliminary injunction hearing in which a judge could have ordered Liberty Mutual to temporarily discontinue the policy, the Gazette noted.
"That’s why they did it," Assistant Attorney General Jill Miles told the newspaper. "It’s a way of delaying the injunction hearing."
State Attorney General Darrell McGraw filed the lawsuit against Liberty Mutual and St. Albans body shop owner Greg Chandler in December.
"The safety and economic well-being of Liberty Mutual’s customers are always our primary considerations," company spokesman Glenn Greenberg said in a statement to the newspaper. "Any decision we make concerning the use of a specific part for a damaged vehicle is made without compromising neither our customer’s safety, or the manufacturer warranty."
The Attorney General’s Office maintained that the policy violates a state law forbidding body shops from installing used parts on newer vehicles without approval from the vehicle owner.
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ARA Tells W.Va. Attorney General to Stop Using the Term ‘Junkyard Parts’