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Monday, 02 March 2015 00:00

Gunder's Auto Center Defeats Progressive Insurance’ Motion to Dismiss

On February 23rd, 2015, the Honorable Judge Susan B. Flood of the County Court of the Tenth Judicial Circuit in and for Polk County denied Progressive Casualty Insurance Company’s motion to dismiss the complaint and strike claim for attorney’s fees. Furthermore, the court denied Progressive’s motion and defeated the insurer’s efforts to invoke the Appraisal Clause as provided for in their policy contract.

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The lawsuit was filed by Raymond Gunder of Gunder’s Auto Center in Lakeland, FL acting on behalf of his customer who executed a Durable Limited Power of Attorney allowing Gunder to stand in his shoes for this litigation. The suit was necessitated by Progressive’s failure to pay for the reasonable and necessary costs to perform repairs to Gunder’s customer’s damaged vehicle.

“Progressive tried hard to keep our legal action from going forward by invoking their bogus “appraisal clause” and motion for dismissal, stated Gunder after learning of the judge’s ruling.  

“I sat in that courtroom and watched our brilliant Attorney, Brent Geohagan, destroy Progressive’s legal counsel’s arguments and offer the Judge reasoning as to why our position was correct. The Judge agreed and rendered her decision in favor of our customer.”

Ray went on to say, “This ruling is huge as it allows us to proceed with the multiple lawsuits we currently have in process on behalf of other customers who have been shortchanged by this insurer as well as other insurers who have underpaid their policyholders.”

The lawsuits seek full payment of the underpayments, plus costs, expenses, attorney fees, prejudgment and post judgment interest

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