March 7, 2018—The U.S District Court for the Western District of Pennsylvania denied in part and granted in part Progressive's motion to dismiss a case filed by Professionals Auto Body.
Professionals Auto Body filed against Progressive for failure to reimburse repairs to place vehicles in pre-loss conditions. Progressive filed the motion to dismiss on Aug. 23, 2017.
The shop is also involved in the Nationwide lawsuit and has filed complaints against 24 other insurance companies.
Professionals Auto Body allegedly lost $712,972 in damages, which represents unpaid balances, delay time costs and administrative costs.
The court denied Progressive's claim for unjust enrichment, which would have entailed Progressive benefiting from not paying for the full repair costs. Progressive also failed to prove they did not breach the contract with their customers.
While the shop did not provide enough information to plead a plausible tortious interference claim, Ron Perretta, owner of Professionals Auto Body, said the shop will provide those documents in claims against the other insurance companies.
