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AUTOBODY CT / DE / ME / MD / MA / NH / NJ / NY / PA / RI / VT
Massachusetts Committee Hears Testimony for House Bill 4122 by Chasidy Rae Sisk
On January 13, the Massachusetts Joint Committee on Consumer Protection and Professional Licensure heard House Bill 4122, an update to the state’s current Right to Repair law, designed to better address the needs related to increasing prevalence of telematics in vehicle technology and repairs. AASP/MA has expressed support for HB4122 as part of its endeavors to improve the collision repair industry in Massa-
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chusetts, and Executive Director Lucky Papageorg attended the January hearing to urge legislators to support the measure which, he argued, would grant information to independent shops that could improve cycle times. House Bill 4122 proposes additional verbiage be inserted into the current Right to Repair law from 2013: “Commencing in model year 2022 and thereafter a manufacturer of motor vehicles sold in the ComSee House Bill 4122, Page 24
38 YEARS
AUTOBODYNEWS.COM Vol. 10 / Issue 12 / March 2020
NORTHEAST 2020 Promises to Clarify Attendees’ View of the Collision Repair Industry by Chasidy Rae Sisk
The 43rd installment of AASP/ NJ’s NORTHEAST® Automotive Services Show is scheduled to take place at the Meadowlands Exposition Center in Secaucus, NJ on March 20–22. The largest automotive services show on the East Coast, NORTHEAST attracts thousands of automotive and collision repair specialists eager for the event’s educational offerings and the opportunity to visit well-known vendors on the
trade show floor. AASP/NJ Executive Director Charles Bryant stated, “We are once again looking forward to NORTHEAST. I can’t wait to attend the trade show, because it’s the number one place to see every new type of equipment and any new service being offered to our industry. There is no better event that allows the shops that are looking to keep on top of their game than NORTHEAST. I hope to see every member of AASP/ See NORTHEAST 2020, Page 28
March 20-22. AASP/NJ
SPECIAL
AASP/NJ Meeting Provides Update on Employment Law by Chasidy Rae Sisk
On January 15, AASP/NJ members met at the Holiday Inn in Clark, NJ, to learn about recent employment law changes. The meeting featured
David M. Bander, Esq., Executive Director of the Policy Office for the New Jersey Department of Labor and Workforce Development, who shared information and tools shop owners need to maintain their businesses’ compliance with the new regulations. Bander said, “There has been an explosion of activity over the past two years under the Murphy adminSee AASP/NJ Meeting, Page 26
PERMIT #288 ANAHEIM, CA
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Change Service Requested
by Chasidy Rae Sisk
On February 6, Harris County Precinct 8-1 Justice of the Peace Holly Williamson issued a ruling upholding a Texas collision repairer’s request for discovery into State Farm’s rate calculations and a variety of other estimating practices, in addition to denying State Farm’s motion to dismiss. In a hearing the day before the ruling, “(T)he Judge explained that definitions, the profile of the estimating software, how the prevailing rate is determined and the training of the appraisers is not a trade secret or confidential information,” explained Larry Cernosek, owner of Deer Park Paint and Body in Pasadena, TX. Cernosek is actively pursuing a $10,000 lawsuit against State Farm which alleges that the insurance company committed tortious interference by its refusal to compensate the collision repair facility for procedures deemed necessary by the shop on five
separate repair jobs. The lawsuit was filed in August 2019, and in October 2019, despite State Farm’s objections, Williamson granted Cernosek’s requests for discovery related to the insurer’s labor rate calculations, and its adjusters’ training, as well as definitions of “reasonable and customary,” “prevailing rate in the market area,” and “pre-accident condition.” In December 2019, Cernosek requested State Farm’s estimating profile on the claims at issue in the case in addition to information on the inclusion of p-pages and OEM repair procedures in the insurer’s estimating software. Williamson approved his request after Cernosek provided support in the form of four letters he received from the Texas Department of Insurance (TDI) which indicated the department’s inability to adequately address complaints against other insurers. In a letter Cernosek received in See Tortious Interference, Page 34
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Texas Collision Repairer Pursues Tortious Interference
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