Local news stories affecting the auto body industry in New York, New Jersey, Pennsylvania, Delaware, Connecticut, Maryland, Rhode Island, Massachusetts, New Hampshire, Vermont and Maine
The Allstate Corporation announced January 6 that the Superior Court of New Jersey has entered judgment in favor of Allstate New Jersey Insurance Company, a wholly owned subsidiary of Allstate Insurance Company, and dismissed all claims in the franchise lawsuits filed against Allstate New Jersey.
Last year, three exclusive agents filed lawsuits seeking to prevent the termination of their agency agreements for failing to meet certain business objectives. They alleged they had franchise relationships with Allstate New Jersey and were protected under the New Jersey Franchise Practices Act. The plaintiffs' application to stop their termination was denied.
The court determined that the agents were not franchisees and have no protections under the New Jersey Franchise Practices Act. The court noted in its decision that the "insurance industry has never been found by any court in New Jersey, or elsewhere, to be home to an insurance company franchisor, or agent franchisee."
Allstate has maintained that exclusive agents are independent contractor agents and not franchisees. The court decision affirms the company's position.
Please visit www.allstate.com or call 1-800 Allstate® for more information.
Congressman Mike Kelly (R-PA) introduced into the House of Representatives on December 30 a bill aiming to do away with the $7,500 tax credit for electric vehicle car buyers, titled HR3768.
Kelly, who owns a Chevy Car Dealership in Butler, Penn., has served in the House representing the 3rd District of Pennsylvania since 2010.
The bill, formally titled: "To amend the Internal Revenue Code of 1986 to repeal the credit for plug-in electric drive vehicles", would amend the IRS code section related to the electric car purchase tax credit, to terminate the tax credit.
The $7,500 tax credit came into being in the Emergency Economic Stabilization Act of 2008 (EESA), whose main purpose was the bailout of the financial industry following the meltdown of Sept 2008. The credit was put in place by former President George W. Bush, and continued by President Barack Obama.
Kelly's personal experience as a dealership owner is suspected to have fueled his introduction of this bill. Kelly's dealership, which was founded by his father, was almost axed during the GM bankruptcy. When the Obama Administration Auto Task Force announced plans to shut down more than 1,900 dealerships, including Kelly's own dealership, his response was to fight the decision to close his dealership, in which he was successful.
Reports are that after avoiding shut-down Kelly's own car dealership took extra steps to shun the Chevy Volt, even going to far as to fire an employee who consented to GM's request that they bring in a Volt.
"I can stock a Chevy Cruze, which is about a $17,500 car and turns every 30 to 40 days out of inventory or I can have a Volt, which never turns and creates nothing for me on the lot except interest costs," said Kelly in October. "There is no market for this car."
Kelly echoes the main argument espoused by many anti-EV advocates—-that electric cars are simply toys for rich people. Kelly says that subsidizing the purchases of upper-income individuals is not the correct course of action to take during these difficult financial times. According to Kelly, the $7,500 credit goes to the "few who can actually afford to buy an electric car."
Ron Ertley, founder of Ertley MotorWorld in Wilkes-Barre, PA, and operater of Ertley Dealership in Moosic, PA, passed away January 7 from cancer at 79.
Ertley, founder, owner and CEO of Ertley MotorWorld was remembered as an innovator in the automobile sales business by co-workers and friends at a service held January 12 at St. Stephen's Episcopal Church in Wilkes-Barre, according to the Scranton Times-Tribune.
After graduating from Duke University in North Carolina and receiving an honorable discharge from the Air Force, Ertley returned to eastern Pennsylvania to manage an Oldsmobile dealership with his father. Ertley grew to own the dealership after his father's retirement.
In 1991 Ertley became the first in the area to combine dealerships--founding Ertley MotorWorld in 1991 with the help of his friend and colleague, J. David Power of JD Power and Associates. Ertley MotorWorld was a powerhouse in the eastern Pennsylvania area and was considered the area's first auto mall with 12 dealerships in one location.
"Main thing I remember is his innovation and willingness to try whatever the latest and greatest technology and techniques were to move forward in the automotive industry," Rick Osick, who worked with Mr. Ertley at MotorWorld, told the Scranton Times-Tribune. "He was known as an innovator as far as technology and methods to move a retail business along."
Ertley eventually sold Ertley MotorWorld to investors, and it still exists today, as MotorWorld.
Ertley remained in the auto dealership industry, opening a Chrylser-Jeep-Dodge-Kia dealership in Moosic.
As a member of the board of the JD Power Superdealer Rountable, a director of the Pennsylvania Automobile Association, a commissioner on the state Board of Transportation and the president of several other automobile dealer boards, Ertley was very active in the Pennsylvania automotive industry.
Back in October Autobody News interviewed Joseph Carioti III about his NJ shop, McBride Auto Body, which had suffered flood damage from Hurricane Irene. (See Autobody News November 2011 Edition) The business was able to recover from the flooding and is back on track, but there’s more to the story.
A six-year long fraud case filed against Bedford Hills, NY’s North State Custom by Progressive Insurance seems to be coming to an end at last. Attorneys for Progressive in September notified the court and counsel for the shop that the company did not intend to proceed with an appeal.
“We don’t know exactly why they decided not to appeal, but I’m certainly happy they did,” said North State owner Greg Coccaro.
In 2005, the customer, a handicapped professor from Columbia University, asked Coccaro to repair her 6-month-old 2004 Mercedes E320 that she had rolled down an embankment and crashed into a pile of rocks. Progressive Insurance wrote an on-site initial estimate of $7,142. Once the car was taken to Coccaro’s shop—which was not a Progressive DRP (Coccaro has no DRPs)—he found far more damage in addition to mistakes on the original estimate. According to Coccaro, Progressive eventually wrote another estimate for $26,804, then a third one for $18,000 after a desk review reduced that second estimate, and then another. All told there were some 10 estimates done. Coccaro’s final carefully-documented invoice for the full repair came in at $34,091.
Progressive then tried to recall the car from Coccaro after repairs had commenced and steer it to one of their select shops but was unsuccessful in convincing the customer. When the second estimate came in at $26,804, the customer confirmed she wanted North State to do the job, she agreed to pay any expenses beyond the $26,804. Progressive finally agreed to pay Coccaro’s invoice after the customer’s son, who had a relationship of sorts with the insurer, became involved.
Once in smithereens, now ready for business, the old auto body shop at 703 Yates St. is rehabilitated and owner, Robert Savoca, is excited to see an auto body shop return to the Pine Hills neighborhood of Albany, NY.
The process to change the auto body shop back to a safe and functional establishment wasn’t quick, or easy. Since Savoca is also the owner of Central Crossings; a construction company on 5 Lombard St. in Schenectady, his arsenal is well-equipped to take on all kinds of structural challenges.
When he bought the garage from Mella Weaver for $55,000, he said it was a disaster. “The building was a complete mess. No heat, no running water, leaky roof, broken windows, uninhabitable that’s for sure,” Savoca said.
The property also had electrical issues, no exterior or interior lighting, perforated floors and walls, bad plumbing and the basement floor had to be resurfaced. According to Savoca, all of these structural abnormalities cost him an additional $50,000 to repair, and took about 90 days for his crew of carpenters, roofers, plumbers and electricians to finish all of the projects.
Savoca, who owns Fort Orange Motor Car at 551 Central Ave. in Albany, has experience in the auto repair business and was familiar with the old Yates Street garage.
He said that the Pine Hills is a great location for a new auto body shop because there is only one other body shop in the neighborhood limits —D & S Body Shop on 465 Jay St. Also, because an auto repair business has thrived there for so many years, whoever plans to reopen one is almost guaranteed business, he said. Savoca also mentioned that a shop in that location would directly benefit residents and students who might need to have their cars serviced.
“I drive an old 1996 Saturn that breaks down all of the time,” said Kayleigh Buboltz, a neighborhood college student. “If there was a shop closer to me, I could have saved a lot of money on towing costs.”
After the rehabilitation was complete, Savoca hired Brandon Bellamy, a licensed salesperson at IKON Realty Group, LLC to help lease the property. According to Bellamy the property has been available to lease since October 18. Ikon plans to lease the property for $1,550 a month. The garage includes a basement and first floor equaling out to about 1,368 square feet. Other features include an overhead garage door, 1 1/2 bathroom, and one office on each floor. The property also comes with a private parking lot that holds up to 10 vehicles.
Bellamy has encountered multiple customers interested in renting the property. Unfortunately these potential tenants all possessed ulterior motives to turn the building into something outside of the auto repair business.
According to Savoca, customers wanted to convert the garage into a hamburger hotdog stand, a fish fry and a hair salon. He declined their offers.
Since the day Savoca bought the debilitated property, he envisioned a new and improved auto body shop and has no desire to lease to customers who suggest otherwise.
“I don’t think I found the right person to sell it to, so I’ll just wait until they come along,” said Savoca.
Potential buyers, or those interested in leasing the property, can contact Bellamy via telephone, 518-456-5440 ext. 14. Or you can reach him online at: firstname.lastname@example.org.
As people make their way down 27th Ave in Astoria, a neighborhood in Queens, NY, that borders the East River just east of the isle of Manhattan, they may stumble upon a rather large tree. At first there seems to be nothing special about this random tree, but upon closer inspection visitors may notice that the tree grows directly through an auto body repair shop.
Visitors can step into the office of Cove Recovery and Towing to find out for themselves.
The very old tree grows right through the counter and up through roof. Owner Tommy Cali, 59, built the office around the tree when he opened the business 25 years ago, and that it’s continued to grow without problems ever since.
“My wife’s family, they used to own the house here,” Cali told CBS 2, “It was sentimental. She didn’t want it cut down, that’s why it’s still standing.”
It took Cali about eight months to build the office. He did the construction himself with materials he found.
“It wasn’t too hard,” Cali said. “I just got all the scraps together that I found, put them in one spot and one day I just started to build it.”
A live tree growing through a inanimate object requires quite a bit of maintenance to be sure the building does not obstruct the tree’s growth, and the tree does not ruin the building.
“I cut the sheet rock out as it grows wider and on the top we have rubber mounted around it so as it grows the rubber stretches,” Cali said.
Despite the up keep, Cali said he has no intentions of cutting the tree. He’ll just let nature take its course.
Former Alliance of Automotive Service Providers of New Jersey (AASP/NJ) Executive Director Cindy Tursi passed away December 13. Tursi, who served the association from the 1988 through 2003, was 61.
Born in Wheeling, West Virginia and a former resident of Hillsborough, NJ, Cynthia resided in Branchburg, NJ, for 24 years. She retired in 2008 and had been self-employed for twenty years as AASP/NJ Association Manager.
“There aren’t enough words to describe what she did for the industry and for the association—it would take more of a book than a paragraph,” said AASP/NJ President Jeff McDowell. “Through determination, attention to detail and her commitment to wanting us all to be successful, she continually went over and above what was required of her.”
AASP/NJ members and leaders also paid their respects to Cindy Tursi. “When I took over as Executive Director, Cindy was my mentor. I remember writing an article that it was a big job to fill those little shoes. Well, Cindy showed me the way,” said Charles Bryant, current Executive Director for the AASP/NJ.
“She looked after us like we were her children. She called us, she worried about us… she was a good lady.”
Guy Citro, who served two terms and hired Cindy to become AASP/NJ President added, “She was a professional and put her heart and soul into her work. Cindy kept the association going. She was not only my executive director, but also a good friend. Cindy helped many ASA/NJ presidents along the way before she retired. I will sadly miss her and her friendship.”
In the over 50 year history of AASP/NJ, there have only been three Executive Directors.
Cindy followed association founder George Threlfall and was succeeded by current AASP/NJ Executive Director Charles Bryant.
“For a tiny gal, she was a powerhouse,” said Bryant, “Cindy was an organizer and seemed to have a form for everything. During her time as Executive Director for the AASP Garden State and before that with what we all referred to as the North Chapter, Cindy saw herself as the mother hen. She seemed to feel that part of her job was to look over they guys and make sure they played nice. When one got out of line, you would see the lion in her. When they did something nice or compassionate, you would see the cuddly kitten and if you actually pissed her off, my best advice would be to get out of Dodge.”
Cindy Tursi is survived by her husband of 32 years, Noel A. Tursi; her son, Dustin Tursi; her granddaughter, Summer Ann Tursi; her father, Henry Novacek; her brother, Terry (Florence) Lunger; her niece, Tera Lunger; and her nephew, Hutch Novacek.
At the request of the family, funeral arrangements are being privately held and under the direction of Branchburg Funeral Home, 910 US Highway 202 South, Branchburg, NJ 08876, (908) 526-7638.
For more information please visit www.BranchburgFuneral Home.com.
Massachusetts Governor Deval Patrick signed into law that bans the use of credit in underwriting and rating private passenger motor vehicle insurance in his state, according to reports made by Insurance Journal.
The law, Chapter 195 of the Acts of 2011, was signed by the governor in late November. The ban has already been in practice in the state but as an administrative regulation. This latest measure codifies into law the state’s current administrative ban on the use of credit scoring.
“We want to commend the legislature and the Patrick Administration for their leadership and support on this important issue,” commented Frank Mancini, President and CEO of Massachusetts Association of Insurance Agents. His group has been the driving force in the state to put into law the current ban on using credit information.
Massachusetts is already a state with some of the most strict bans in the nation regarding the use of credit information and socioeconomic factors in underwriting.
Mancini added that “especially during these difficult financial times, this legislation will provide Massachusetts consumers with much-needed protection against an unfair, unreliable, and discriminatory rate-setting practice.”
“People just don’t believe their financial woes or a mistake on their credit report should affect their ability to buy affordable auto insurance,” he said. “We were gratified to see so many officials on Beacon Hill share this sentiment and take action to prevent this from occurring.”
Mancini pointed to a poll commissioned in August by his association showing that Massachusetts voters overwhelmingly supported this measure. By a margin of 68.3 percent to 31.6 percent, respondents across diverse demographic groups believed that auto insurance premiums should be based as much as possible on an individual’s driving record and years of driving experience.
Days before the one-year anniversary of the world's first Nissan LEAF delivery on Dec. 11, Nissan North America Inc. (NNA) expanded availability of the all-electric LEAF into new U.S. markets. After one year and 20,000 global deliveries, the Nissan LEAF remains the world's first and only all-electric car for the mass market.
December 6, Nissan has re-opened reservations and has begun taking orders from the general public for the 2012 Nissan LEAF in Delaware, Indiana, Louisiana, Nevada, Ohio, Pennsylvania, and Rhode Island. Deliveries of the LEAF, enriched for the 2012 model year with additional standard equipment including quick charging and cold-weather features, will take place in these key markets beginning in spring 2012.
"Nissan LEAFs have been on the U.S. roads for one year now, and thousands of drivers have become living proof that a 100-percent electric, zero-emissions vehicle fulfills the daily needs of drivers from all walks of life," said Brian Carolin, senior vice president, Sales and Marketing, NNA. "We are seeing already-strong interest in the LEAF continue to grow across the country. This market expansion brings us one step closer to true, nationwide availability."
With this new wave of availability, Nissan LEAF is now available for order in 30 states, including Washington, D.C. Nationwide, 50-state ordering will be available by March 2012.
For more information visit http://www.nissan-global.com/EN/.
Syracuse is following the lead of several other New York area cities and shelving its plans for stoplight cameras.
The Post-Standard of Syracuse reports that the city had asked companies to bid on installing cameras at intersections last fall in hopes of catching people who run red lights. A spokesman for Mayor Stephanie Miner told the newspaper that the project was abandoned last week.
Spokesman Bill Ryan said the red-light cameras have brought criticism and legal hassles in other cities. Seven states; Maine, Mississippi, Montana, Nevada, New Hampshire, West Virginia and Wisconsin, have banned red light cameras. Los Angeles, CA, was also reportedly losing $1.5 million a year on its cameras.
Syracuse Common Councilor Lance Denno said he didn’t think cameras would make the city’s streets safer.
The Right to Repair Coalition announced October 21 that it has collected 106,658 voter signatures, exceeding the 68,911 required for the initiative to appear on the 2012 ballot in Massachusetts.
Said Kathleen Schmatz, president and CEO of the Automotive Aftermarket Industry Association (AAIA): “We are very pleased with the growing support for Right to Repair on both the federal and state levels. The momentum building in Congress, coupled with the groundswell of support from voters in Massachusetts, demonstrates how important Right to Repair is to consumers, especially in a tough economy,” said Schmatz. “Right to Repair will help alleviate motorists’ financial burden by ensuring a competitive vehicle repair marketplace, allowing car owners to patronize the repair facility of their choice.”
According to the Right to Repair Coalition, the voter initiative would, for the first time, allow consumers to access all of the non-proprietary repair information required to have their vehicles repaired where they choose, at a new car dealership or an independent shop. The proposed law would level the playing field between the big car manufacturers’ dealerships and independent, neighborhood repair facilities, allowing the latter to finally be able to access the same non-proprietary automobile diagnostic and repair information that is currently only available to the manufacturers’ dealers and their new car dealerships.
“It’s time that car owners have the right to get our vehicles repaired wherever we choose,” said Jeff McLeod of Marshfield, one of the signers of the ballot petition. “The growing support for this issue shows how important it is for consumers, especially in a difficult economy.”
ALLDATA, Future Cure, Hunter Engineering, Metropolitan Car-O-Liner, Mitchell, SAIMA/Accudraft and Subaru are among the exhibitors already signed up for the Alliance of Automotive Service Providers of New Jersey (AASP/NJ)’s 35th annual NORTHEAST™ Automotive Services Show at the Meadowlands. NORTHEAST™ 2012 will take place March 9-11 at the Meadowlands Expedition Center in Secaucus, NJ.
“We’re pleasantly surprised with the early sign-ups,” says AASP/NJ President Jeff McDowell. Early exhibitors include Aeromotive, Audatex, Flemington Car & Truck Country, Hella, Integrity Security Systems, LKQ, Procut USA, Steck Manufacturing, Suburban Manufacturing Inc. / Tsunami Industries, Team PRP and the Radiator Store.
“Our show is kind of like the working man’s show,” McDowell said.
For more information on the show and AASP/NJ, please visit www.aaspnjnortheast.com.
A bill to ban texting while driving, amended in October to make it a primary offense, passed the House on November 7 and won concurrence in the Senate November 8 by a vote of 45-5. It now awaits the governor’s signature, according to The Harrisburg Times Herald.
Gov. Corbett is expected to sign the bill, pending a final review, Gary Miller, a spokesman for the governor’s office, said.
Pennsylvania joins 34 states and the District of Columbia that have banned texting while driving. Of those, 31 enforce the ban as a primary offense, meaning police can pull over a motorist observed texting while driving.
Senate Bill 314 bans reading, writing or sending a text message while driving. A provision to ban hand-held cell phone use for calls was previously stripped from the bill.
The bill initially called for texting to be a secondary offense—a motorist could only be ticketed following an accident or if stopped for a primary offense—but an amendment making texting a primary offense, sponsored by state Rep. Josh Shapiro, D-153, passed in the House Oct. 25 by a vote of 128-69. The full bill with the amendment attached passed the next day in the House 164-29. The final House vote on the bill November 7 was a near-unanimous 188-7.
Shapiro, who has sponsored several bills to ban the use of hand-held cell phones, termed S.B. 314 “a big win for safety in Pennsylvania.”
“After seven years of fighting we finally passed a ban on texting while driving in Pennsylvania and made it a primary offense,” Shapiro said. “This is the strongest bill possible.”