Dismissal, Transfer Developments In 9 States’ Repairer V. Insurer Litigation

Some significant new developments have occurred in the plethora of collision repairer-insurer lawsuits consolidated before the U.S. Middle District of Florida.

The U.S. District Court system on Aug. 26 returned Mississippi body shops’ tortious interference case to that venue without objection from defendant Progressive. However, it and multiple other insurers the same day opposed transferring similar lawsuits back to federal courts in New Jersey, Kentucky, Virginia and Missouri.

On Sept. 10, Middle District of Florida Judge Gregory Presnell dismissed with prejudice Pennsylvania, Alabama and Illinois body shops’ price-fixing and boycott lawsuits against multiple large insurers.

Five days later, an Oregon repairer announced he would voluntarily dismiss a case alleging a GEICO price-fixing and boycott effort involving DRP shops.

Finally, Presnell on Sept. 16 and 17 dismissed two Pennsylvania actions tied to AOBs after plaintiff Professionals Auto Body missed a deadline. It’s unclear, however, if the dismissals of the shop’s lawsuits — one involving several million dollars — are final.