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N.Y. body shop wins assignment of proceeds case against insurance company

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June 10, 2010—Nick Orso’s Body Shop won its short pay appeal case against Adirondack Insurance Wednesday in Onondaga County, N.Y., setting a statewide precedent.

The suit was filed after the shop had accepted two assignments of proceeds from customers, insured by Adirondack, after the insurance company had refused to negotiate or capped things such as labor rates, paint, and aftermarket parts versus OEM parts on the claims. The shop was shorted around $4,600, not including costs, penalties and lawyers fees.

Mike Orso, president of Nick Orso’s Body Shop, landed in Onondaga County Court after Syracuse City Court ruled in favor of the insurance company in an earlier case.

“This case has been in the pipeline for almost two years,” Orso said. “The importance of this decision is that we can continue to help our customer by delivering a proper safe repair…and [we] have a chance to stand in the consumer’s shoes to collect for the repairs we’ve done.”

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