Florida repairers have defeated two insurance companies' efforts to have multiple power of attorney cases dismissed, which allows repairers to continue to use the legal tactic to collect from insurers.
Like this article? Sign up to receive our weekly news blasts here.On December 13 Attorney Brent Geohagan represented both Ray Gunder of Gunder’s Auto Center and Paul Hawks of Bernies Paint & Body, both of Lakeland, Fla., in defending the repairers' rights to represent their customers as their Power of Attorney.
Judge Reinaldo Ojedo denied State Farm’s contention that six lawsuits Ray Gunder had filed against the nation’s largest personal auto insurer should be dismissed on grounds that Gunder did not having standing based upon the power of attorney granted by his customers.
Progressive Insurance’s legal counsel also was present for the same issue relative to a lawsuit levied against them by Hawks on behalf of his customer and the insurer’s policyholder.
The judge ruled that the repairers do indeed have legal standing on behalf of customers who grant them power of attorney and denied the insurers' motions to dismiss all seven cases.
“I feel strongly that the court made the correct decision and while this is but one more in a long line of victories for Ray and his customers, that is warranted and well deserved, it’s a significant victory for the entire Collision Repair Industry in Florida and beyond," said Geoghan. "The fight goes on and will as long as need be.”
“I was extremely proud while I sat watching and listening to Brent’s passion, preparation and expertise as he defeated each of the insurer’s arguments," said Gunder. "This is a huge deal, as once again, State Farm’s efforts to avoid disclosure of their internal business practices have been unsuccessful. We’re excited as to see what will be revealed in upcoming depositions and discovery.”
