E-mail insult riles industry leader

Anderson was offended and insulted by an e-mail sent by Nationwide's Bob Canipe to Ed Tschann, a Nationwide field claims manager, and to Anderson. Canipe and Tschann were exchanging e-mails discussing what price to offer to pay Anderson for future claims work. Wagonwork is not a member of Nationwide's direct repair program.

Anderson had previously sent an e-mail to Tschann stating the company's pricing structure and seeking a common ground on future pricing, which Nationwide had requested. That e-mail was the result of the inability of the two sides to agree on a price for repairs Wagonwork made on an Audi insured by Nationwide. Canipe responded by sending this e-mail to Tschann:

"Ed, I don't see where we will accomplish anything by meeting with them after looking at their attachment. They always want double straighten time, refinish time and all the extras. Try to talk to one of the [editor's note: insurance company name deleted] claim reps and I will talk to one of their managers and see what type of agreement they were able to get but I doubt it was much. Mike can't give speeches and sell his training for $750.00 per person on how to rape us and then give into us."

However, Canipe also mistakenly sent the e-mail to Anderson, who was stunned by the instruction and insulted by the last sentence.

"I got this e-mail when I was at NACE (the International Autobody Congress & Exposition) and was so upset I wanted to throw a lamp through the wall," Anderson says. "I e-mailed him back and said 'you don't even know me so how can you say that.' He called me, but I did not want to talk to him. I was so mad I didn't want to say something that would come back to haunt me.

"He (Canipe) does not know me and has never been in my shop," Anderson says. "Yes, I do lots of consulting, such as estimating seminars, but I don't charge $750 per person. I educate people and I charge them a fair price. I also do a lot of pro bono work for free at body shop associations. If one of my employees had sent this type of memo to one of our customers, I would fire him in a heartbeat."

The memo shows that Nationwide had no intention of negotiating in good faith to try to arrive at common ground on the estimate, according to Anderson.

"Instead, they plan on colluding with another insurance company to figure out what to offer to pay me." he says. "I don't appreciate the slander and am insulted at the use of the word 'rape.'"

In addition to being rude, the e-mail instructed Tschann to perform an illegal act, according to Erica Eversman, chief counsel for Vehicle Information Services in Akron, Ohio.

"This is clearly illegal," says Eversman. "Checking with other insurance companies to see what agreements they have come to with other outside vendors is exactly what anti-trust laws are designed to prevent. This is under the purview of the state attorney general and the anti-trust division. It could go to the state department of insurance, but that would probably be ineffective."

Anderson forwarded Canipe's e-mail to ABRN and to Eversman, who forwarded it to the Ohio attorney general's office. "It is important for Ohio's attorney general to understand that an Ohio company (Nationwide is based in Columbus, Ohio) is engaged in this type of activity," she says. At press time she had not heard back from the office of Ohio's top lawmaker.

Eversman said it is unusual for an e-mail that clearly instructs another employee to engage in illegal activity to become public.

"You almost never have evidence like this," she says. "There is a good deal of fraud and anti-trust activities that take place in the industry that receives no scrutiny because it is done behind the scenes." She said people who are aware of it are not likely to expose it because whistleblowers often lose their jobs and are subject to other forms of persecution.

Pete Petursson, executive director of the Virginia Autobody Legislative Committee, said Canipe's e-mail was "disappointing and disturbing."

"It's disappointing to see that kind of animosity toward a leader in our industry," Petursson says. "I'm not a lawyer, so I couldn't say if it is legal or illegal."

The Virginia Bureau of Insurance said it is not in the position of rendering decisions on legal or illegal behavior.

"The bureau would investigate based on the complaint of the insured," says Ken Schrad, director of information resources, media relations.

Anderson said Nationwide's payment for the repairs to the Audi did not cover the entire bill he submitted to the insurer and the remainder of the bill is "under dispute." At press time he had not passed along the unpaid portion of bill to the owner of the Audi.

When Nationwide's corporate office was asked if it has standard operating procedures for resolving differences in estimates with collision repair facilities, a spokesperson responded with an e-mail that said, "Our policy is to settle all claims fairly and quickly, according to the terms of the policies involved, and in accordance with state insurance laws and regulations. Nationwide is always willing to work with the customer to resolve their concerns regarding a claim. Nationwide will re-inspect and re-estimate a claim if there is a policyholder concern over the value of the estimate."

When asked if Canipe's instructions to Tschann were consistent with Nationwide's standard operating procedures, the spokesperson said "privacy restrictions" prohibit the company from commenting on specific claims. The same reason was given for not responding to attorney Eversman's charge that Canipe's e-mail promoted an illegal activity.

Canipe did not return several phone calls asking for a comment. Shortly after he realized his e-mail went to Anderson, he sent a follow-up e-mail to Anderson that said, "I am very sorry about the e-mail. I thought that I was writing Ed back and I was having a bad day. ... I think if you ask any of the shop owners that I deal with all the time I am a very professional person and handle everything in a professional manner. I will be glad to meet with you and discuss my comments and the remarks I made."