N.J. Auto Body Repairers’ Steering Lawsuit Against Insurer To Proceed

Collision repairers’ lawsuit against New Jersey Manufacturers Insurance alleging steering-related violations may proceed, a Superior Court, N.J., judge ruled late last month.

Union County Superior Court Judge Alan Lesnewich’s Nov. 22 decision gave no hint as to what he thought of either party’s argument.

He wrote simply that he denied NJM’s motion to dismiss after “the Court having considered the papers submitted, opposition having been filed, Oral Argument having taken place on November 22, 2019 for the reasons set forth on the record on November 22, 2019, and for good cause shown.”

Sam Mikhail, representing Quality Auto Painting Center (which did business as Prestige Auto Body), and BMR Automotive Service (also known as “Robbie’s Automotive and Collision Repair”) had sued NJM alleging injurious falsehood; tortious interference with prospective business advantage; and violating the state’s Consumer Fraud Act, New Jersey Antitrust Act and New Jersey Civil RICO.

It also sought injunctive relief forbidding NJM from such alleged “unlawful acts” in the future. NJM has denied allegations and argued some “set forth improper legal conclusions.”