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Friday, 19 September 2014 00:00

TX Civil Case Involves Allstate & Service King

The repair of a 2013 Ford Explorer is at the center of a civil court case filed in Jefferson County District Court in TX on August 15. Hays County residents Micah and Ericka Harrison are suing Allstate Insurance Company; Michael J. Roche, VP of Claims for Allstate; Service King Collision Repair Center in Texas; and insurance adjusters Brian Garret, Chris Thurston, Larry Walker and Ralph Villapando.

The Harrisons purchased Allstate auto insurance for their 2013 Ford Explorer. When the car needed repair on January 11, Allstate advised them to bring the vehicle to one of their preferred service providers, Service King Collision Repair Center in San Marcos, TX.

The plaintiffs said that as an incentive to use Allstate’s preferred service provider, Michael Roche, VP of Claims for Allstate, wrote that “Allstate guarantees that the workmanship of covered repairs performed by (Service King) will meet auto repair industry standards.”

The Harrisons said they were initially told it would cost $10,000 and take 21 days to repair their vehicle. On February 14, a month after dropping it off, the car had not been repaired and the estimate increased to $18,000 due to additional damage found. In the meantime, the plaintiffs learned that the re-imbursement coverage for the rental car they had been using had run out. According to court documents, “Service King only offered to cover one half of the additional expense which was caused by their delay and negligence.”After speaking with Allstate’s insurance adjuster Ralph Villapando, the Harrisons were advised that “…Allstate should have considered the vehicle a total loss had it been properly estimated at the beginning of the claims process.”

When the plaintiffs received their car on March 31, they said they found “… the preferred service provider of Defendant Allstate had not properly repaired the vehicle. There were residual scratches, paint overspray, improperly lined hinges, broken parts, paint runs, paint cracks, mismatched paint, damaged parts not replaced and other issues.”After talking to several other Allstate insurance agents, the Harrisons said they were told they would have to resolve the matter directly with Service King.

The Harrisons, represented by E. Hart Green of Weller, Green, Toups & Terrell in Beaumont, TX, accuse the defendants of breach of contract, deceptive trade practices, bad faith, fraud, breach of warranty and negligent hiring.

Attorney John Causey represents three of the defendants, Allstate Insurance, Chris Thurston and Larry Walker. In response to the charges, they deny the plaintiff’s petition. When contacted by Autobody News, Allstate Insurance and Service King both replied that due to company policy they do not comment on pending litigation. Messages to E. Hart Green of Weller, Green, Toups & Terrell were not returned.

When Autobody News when to print, a court date had not been set. Autobody News will continue to follow this story and keep readers posted.

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