A story from the Legal Newsline indicates that an Ohio court of appeals has upheld a trial court’s decision to deny class certification to four independent automotive body shops in their lawsuit against Progressive.
The body shops sued Progressive in state court, seeking damages “for parts and labor” and declaratory relief that would require Progressive “to indemnify” the body shops “from any liability arising from their compliance with [Progressive’s] restrictions.”
Progressive responded by saying its practices and rates are competitive based on the auto repair market in Ohio.
The class the plaintiffs sought to certify included all Ohio registered auto body repair shops or registered individuals (excluding Progressive DRP members) that performed auto body repairs, covered by Progressive insurance policies, from Aug. 7, 2005 to the present.
At the heart of the plaintiffs’ motion was the argument that their two claims differed. The court disagreed and found the declaratory relief sought was “merely incidental” to plaintiffs’ damages claims against Progressive.
To read the full story in Legal Newsline, click here.