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By Robert L McDorman
Official publication of the Auto Body Association of Texas
PUBLISHER
Thomas Greco / thomas@grecopublishing.com
SALES DIRECTOR
Alicia Figurelli / alicia@grecopublishing com
GRAPHIC DESIGNER Lisa M Cuthbert / lisa@grecopublishing com
EDITORIAL DIRECTOR
Joel Gausten / joel@grecopublishing com
EDITORIAL/CREATIVE COORDINATOR Alana Bonillo / alana@grecopublishing com
OFFICE MANAGER Donna Greco / donna@grecopublishing com
(973) 235-1963
President ’ s Message
THOUGHTS ON THE APPRAISAL CLAUSE
Tis month’s Ask the Expert article by Robert McDorman goes deep into the importance of the Appraisal Clause and his efforts to get the Texas Department of Insurance (TDI) to act in situations where insureds are being denied their right to use it I strongly encourage ever yone to read his article (as well as the one he wrote on this subject in last month’s issue) to get a sense of the critical fight that is unfolding at the state level thanks to Robert’s efforts
On a personal level, the Appraisal Clause has absolutely changed my business Not only has it helped many of my customers when they found themselves in a dispute with their insurer, but I’ve used it as a way to better promote my ser vices to the motoring public In the office at my shop, we play videos on a flatscreen TV of consumer testimonials about the diminished value and/or total loss values they
received thanks to invoking the Appraisal Clause e vehicle owners who frequent my facility take notice of that; it lets them know that we ’ re working for them
If you ’ re not dependent on being a Direct Repair facility, then the Appraisal Clause is a great way to market your business Shops that are partnered with insurers aren ’ t able to offer that is could be used as a marketing advantage to set yourself apart in your area, as it informs vehicle owners that they have an incredible tool at their disposal to address serious issues without having to go to court No customer wants to go there over an amount of money that could be less than the cost of hiring an attorney is is their solution
e Appraisal Clause is critical to preser ving the rights of our consumers If insurers and shops are truly committed to performing
proper repairs and making motorists whole following a collision, then there should be no debate over a process that holds ever yone accountable TXA
burl@burlscollision com
Burl Richards ABAT President
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Editor ’ s Message
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When I was a little kid back in the ’80s, I used to think about the Year 2000 with great wonder What would the world be like by then? Would cars fly? Would we be able to pull little devices out of our pockets (like Bones did on Star Trek) and use them to heal the sick? Well, we ’ re now 20 years past that intriguing time. Cars still don’t fly, but a lot of them now contain more lines of code than the majority of commercial airplanes out there. We still can ’ t heal the sick with handheld electronics from our pockets, but most of us can ’ t get through the day without regularly checking our smartphones. ere are plenty of things in our world that have changed dramatically over the past two decades, but there are also things that have stayed the same In many ways, the collision repair industr y is one of them.
e Year 2000 was when I started my career covering the auto body world, and the first thing I ever wrote was a stor y on how shops were fed up with insurer control I followed that up with a series of articles on the technician
shortage en, I wrote at length about the growing need for training in the field. Sound familiar? I’m sure that a dig through magazines produced by omas Greco Publishing before my time would reveal similar content
Now, here’s the good news Although change in many facets of this profession has been slow, there has been enormous progress in other areas Back in 2000, many state associations operated like autonomous armies that rarely communicated with one another Now, it’s ver y common to see groups collaborate on ever ything from education to legislation. Twenty years ago, it was a foreign concept for industr yrelated concerns to receive mainstream attention ese days, news reports on the risks of aftermarket parts pop up on the evening news all the time. Way back in 2000, insurers called many of the shots when it came to where policyholders went for repairs and how those repairs were conducted. Now, OEMs are promoting certified shops directly to drivers And of course, we must acknowledge how much the
Seebachans’ case against John Eagle Collision Center has impacted the consumers ’ voice and how shops conduct themselves
As we move for ward through 2020, it is critical that you continue to support ever ything that ABAT is working to achieve is means more than just paying your dues and reading this magazine; it also means attending meetings and events and making the time to support activities in Austin. e collision repair industr y is stronger and smarter than ever, and it is up to you to help make the next 20 years an era of pride, success,
and prosperity TXA
joel@grecopublishing.com
Joel Gausten Editor
Exec utive Direc tor ’ s Message
2020 AT A GL ANCE
ABAT is excited to share a quick look at the member gatherings we have planned for this year We have meetings and events planned for Abilene, Austin, Dallas/Fort Worth, East Texas, Houston, San Angelo, San Antonio and more. Join our mailing list and follow us on Facebook for details on the meetings near you!
Quarter One
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With the help from our vendors and a growing need within the industry, we saw major growth in our association in 2019 Because of this growth, we are going to take a new approach to how we conduct our regional education meetings We are going virtual! On February 25, each region will host a meeting with a brief segment from a local educator followed by a live virtual meeting where we will all hear from a nationally recognized speaker We will have the benefit of learning the same message as well as being able to ask live questions and interact as a whole. We will be teaching shops “how to build an evidentiary case for getting paid for your work.” is class, taught by former State Farm employee Roger Cada, will teach us how to build our case for why procedures are necessary in the repair process. He uses his experience from the other side to show us what insurers are looking for through proper photography and documentation
Quarter Two
Last year, we announced the ABAT Skeet Shoot would be renamed in honor of late Board member Dean Griffin Plans are underway for the 2020 Dean Griffin Memorial Skeet Shoot to be held in April! e event will be a fun way to raise funds for ABAT, and a donation will be made to Dean’s daughter’s college fund. e Skeet Shoot is a favorite activity among attendees Both pro and amateur players are invited, so come out to win or just to shoot the breeze! Be on the lookout for more fun events scheduled for our other chapters!
Quarter ree
e Texas Auto Body Trade Show will celebrate six years of success this year! is show is gaining much notoriety across the South and is the place to be. With a highly acclaimed educational slate, equipment and product demos and lots of afterparty-type fun, you won ’ t regret making the trip. So, plan for Dallas this fall!
Quarter Four
e ABAT Holiday Gala in San Antonio was a fun event with great prizes, dancing, food and local dignitaries. is has inspired us to host holiday parties in other areas of the state If there are two things ABAT does well, it’s meetings and parties Whoever said you can ’ t have both?
We hope you are as excited as we are for the events we have in store for 2020 Be sure you are well connected and engaged with us so you don’t miss a thing!
Our next meeting is on February 25; location details to come. Text the word ABAT to 22828 to get email updates TXA
Fully Insured Repairs
Independent Lab Tests
Jill Tuggle
ABAT Executive Director
jill@abat com
Robert is a recognized Public Insurance Adjuster and Certified Vehicle Value Expert specializing in motor vehicle-related insurance claim resolution. As the general manager of Auto Claim Specialists, Robert expertly leads this National Public Insurance Adjuster Agency, which is currently licensed in 24 different states and specializes in providing automotive-related claim liquidation techniques, strategies and motor vehicle valuation ser vices to all parties, including individual consumers, body shops, auto dealers, repair facilities, towing and storage operations, lenders, finance companies, banks, legal professionals, governmental agencies and others. The firm’s consistent success can be attributed to Robert ’ s 35+ years of automotive industr y knowledge, practical hands-on experience and multiple certifications, including licensure by the Texas Department of Insurance as a Public Insurance Adjuster. Auto Claim Specialists clients can absolutely trust that they will be provided with analytical, sophisticated, state-of-the-art, comprehensive, accurate, unbiased and up-to-date data and information that all parties can rely upon as both factual and objective Robert can be reached at (800) 736-6816, (817) 7565482 or asktheexpert@ autoclaimspecialists.com.
A sk the Exper t
GAME OVER: WILL THE TDI ACT on UNFAIR SET TLEMENT PRACTICE VIOL ATIONS?
Dear Mr. McDorman:
I am writing you in response to your January 2020 article, “Who Enforces Policyholder Rights?” We have referred our clients to you over the last five years for inherent diminished values, total losses, repair procedure disputes and various other motor vehicle insurance claim issues. Auto Claim Specialists has always helped our clients be made whole for their loss while helping us work on many vehicles that would not have been repaired without your involvement. Recently, we referred a client to you who was GEICO insured. GEICO had agreed to repair our client’s vehicle. After we began the repair process and turned in a supplement, GEICO reversed its agreement to repair and deemed the vehicle a total loss. GEICO then refused to pay any of our fees associated with the repair authorization prior to its reversed decision to deem the vehicle a total loss. Our client informed us that the insurer had deducted our fees from its settlement. We are seeing this type of action from various carriers more frequently. We keep hoping the Texas Department of Insurance will take formal action and issue some type of sanctions against the carriers that blatantly violate their policyholders’ rights. In the January 2020 editorial, a reader asked, “Who, if anyone, is responsible for enforcing policyholder rights?” This article gave us hope that the end is near for carriers that make up the rules as they go along and snub policyholder rights. Has the Texas Department of Insurance responded back to you concerning the unfair settlement practice violations that Auto Claim Specialists identified and reported?
ank you for the referrals to us and for your question. e client retained Auto Claim Specialists to assist them with their loss settlement After reviewing the settlement offer, it was discovered that GEICO had in fact under-indemnified the client. At the client’s request, Auto Claim Specialists invoked their policy right of appraisal in contest of the loss
e client retained Vehicle Value Experts as their independent third-party appraiser. It was determined and agreed by the independent third-party appraisers that the vehicle had been under valued by 21 2 percent. e independent appraisers entered into a binding agreement as to the actual cash value e binding agreement stated that GEICO was liable over and above the undisputed original liability loss settlement for this additional 21 2 percent As of this writing, GEICO has refused to satisfy the BINDING agreed loss settlement arrived at through the appraisal process We currently have several other open GEICO files with binding loss settlements between its independent third-party appraiser and the insured’s third-party appraiser where the company refused to properly indemnify the insured for their loss – even after the loss has been properly determined according to terms of its own contract
e GEICO policy right of appraisal is an absolute policy right of the insurer or the insured once invoked by either party Both parties are required to retain independent third-party appraisers e final agreed decision between two of the appraisers is binding on the parties e Texas GEICO MOTOR VEHICLE APPRAISAL provision states the following:
APPRAISAL
If we and you do not agree on the amount of loss, either may demand an appraisal of the loss In this event, each party will select a competent appraiser e two appraisers will select an umpire. e appraisers will state separately the actual cash value and the amount of the loss If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding
Each party will:
1. pay its chosen appraiser; and 2 bear the expenses of the umpire equally
We do not waive any of our rights under this policy by agreeing to an appraisal
GEICO’s decision to not satisfy the binding agreement between the appraisers is alarming, to say the least. In the Januar y editorial, I disclosed how Auto Claim Specialists has identified a widespread unfair claims settlement practice being committed
by certain Texas carriers Many Texas policyholders are being harmed by their carrier’s denial of their policy rights Last September, Auto Claim Specialists began turning over information, audio files, claim numbers and supporting documents to the Texas Department of Insurance in support of this allegation We respectfully requested that the TDI issue an immediate Cease and Desist Order from the Commission instructing carriers with an appraisal provision in their policies to stop denying the insureds’ right of appraisal following the discover y of under-indemnification given a reasonable time period for discover y We further requested a bulletin from the Commission stating that this unlawful act has been brought to the TDI’s attention.
In early Januar y, I was told by the Texas Department of Insurance that it had received all documents and responses from the parties, and that this topic has been placed on its agenda to address and finalize within the next 60 days. We have been disappointed, if not surprised, that a policy violation so flagrant and seemingly cut and dried is taking so long to be addressed. All we have been seeking is enforced compliance for a vital contractual right written into almost all insurance policies – the right of appraisal. As of now, we – along with our clients – are still hoping that the days of ignored and snubbed policyholder rights will be coming to an end shortly in Texas!
By Rober t L . McDorman
As I’ve mentioned previously in this forum, the spirit of the Appraisal Clause is to resolve loss disputes fairly and in a timely and cost-effective manner. rough the Appraisal Clause, loss disputes can be resolved relatively quickly, economically, equitably and amicably by unbiased, experienced independent third-party appraisers as opposed to costly and time-consuming methods, such as mediation, arbitration and litigation
To limit, deny or prohibit the appraisal process to resolve disputes over the loss would be detrimental to the insurer or the insured due to the subjectivity of these types of claims e Supreme Court has held that if the insured has suffered no prejudice due to delay, then it makes little sense to prohibit appraisal when it can provide a more efficient and cost-effective alternative to litigation
Please call me should you have any questions relating to the policy or covered loss. We have most insurance policies in our librar y Always keep in mind that a safe repair is a quality repair, and quality equates to value. I thank you for your questions and look for ward to any follow-up questions that may arise.
Sincerely,
Robert L . McDorman TXA
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ABAT MEMBER PROFILE
By Alana Bonillo
L ASERLINE COLLISION CENTER
Adam Abercrombie and Chance Peckham have always made a great team Best friends since before they were even in kindergarten, they have established a partnership as owners of Laserline Collision Center that stands as a solid example of a strong relationship and shared love for fixing cars right.
“ We’re so different from each other, but we always agree on ways to move for ward,” Abercrombie says “ We were looking to invest in something together is opportunity represented itself, and this was a good way to do it ”
Both men had a background in the collision and automotive industr y, which enabled them to put together their knowledge and interests into opening their first shop in Quitman in 2012. ey started out with a minimal amount of money, but things rolled quickly ey were able to outgrow the small four-bay shop after only two years, and they moved to an 8,800-square-foot shop in the same town. In 2018, they opened a second location in Lindale
Although he grew up around cars at his father’s body shop business, Abercrombie says he initially wasn ’ t interested in going into the business
“I never wanted to do it. I hated cars, ” he laughs.
After ser ving time in the US Coast Guard, he returned home and started working at the shop as a painter. His appreciation for cars really began to set in, and he soon wanted to open up his own shop Peckham, who had ser vice management and sales experience at a dealership, joined him on this journey.
What sets the duo apart from the rest is their excellent customer ser vice and quality of work Abercrombie stands behind their excellent technicians and their body shop manager, Jason Lindley, who has been with them since the beginning He is also proud of the fact that the shops are trained and recognized through I-CAR. Above all, he insists that the shops work for the consumer – not the insurer
“For most people, the car is their second biggest investment I feel like the ‘ car doctor ’ When it’s beat up, we fix it I get satisfaction from the process of getting it done right and just being a car guy ”
e Laserline team proudly supports ABAT and all the work it does to help better the industr y in the Lone Star State ey have been members of the association since it first got off the ground.
“It’s created a good circle of business owners and friends you can call on and get information from ”
Another highlight for being a part of the association is the abundance of resources and education it delivers to its members
“For the minimal amount of money we pay to be members of the association, you get so many beneficial classes I have gained a vast amount of knowledge from the speakers ABAT has been bringing in It’s a huge help, and it’s great for our industr y. ”
Looking ahead, Abercrombie says there is more to come from Laserline Collision Center, as he and Peckham have plans to expand their business further with a possible third location Just like how it all began, they plan to pursue the right opportunity when it comes along TXA
Laserline is an active and dedicated member of the ABAT community
L O CAL NEWS
ABAT MEMBER CONTINUES CASE against State Farm
As reported in last month’s Texas Automotive, ABAT member Larr y Cernosek (Deer Park Paint & Body; Pasadena) was granted his court request for discover y documents in his $10,000 lawsuit against State Farm. Cernosek’s suit alleges that the insurer committed tortious interference on five repairs by refusing to pay for a variety of charges that his shop deemed justifiable. A series of court documents made publicly available online reveal a flurr y of activity between Cernosek and State Farm since that time.
In early Januar y, State Farm filed a protective order in an attempt to prohibit Cernosek from directly commenting on the case to media. e insurer then submitted a motion to dismiss the case, arguing that the shop owner “lacks the legal standing to assert [his] plead cause of action and cannot prove all elements of its cause of action against State Farm ” e motion also detailed State Farm’s objections to Cernosek’s claims of tortious interference:
State Farm’s actions have no bearing on Plaintiff’s contract with the vehicle owners In the vast majority of cases under Texas law for a tortious interference case, the contract that was interfered with was void or not completed due to the defendant’s interference [ ] at is not the fact here e vehicle owners brought their vehicle to Plaintiff, and the vehicle owners chose to have Plaintiff complete the relevant repairs despite the fact that Plaintiff’s charges exceeded the amount of damages State Farm would pay under the relevant policy of insurance. After the repairs were completed, Plaintiff released the vehicle back to the owner [ ] Plaintiff has maintained all of its rights pursuant to the contract with the vehicle owner […] Plaintiff has chosen to not pursue its rights under the contract for repair with the vehicle owners [ ] Instead of pursuing its own contractual remedies with the vehicle owners, Plaintiff is alleging that State Farm has tortuously interfered with its contracts with the vehicle owners
In a second request to the court for additional discover y, Cernosek noted that an August 2010 bulletin from the Texas Commission of Insurance stated that “the majority of personal automobile insurance policies require insurers to pay the amount necessar y to repair or replace the property with other[s] of like kind and quality It is an unfair claim settlement practice for insurers to pay claimants an amount for the repair of a vehicle, including parts, that is not a reasonable amount for repairing or replacing the property with like kind of quality or is not sufficient enough to make the repairs necessar y for the manufacturer to honor the vehicle warranty ” In the request, he asked, “Does State Farm follow the insurance laws pertaining to this, and how?”
State Farm’s requested protective order and motion to dismiss are slated to be determined in a pre-trial conference between both parties later this month In other news, a tortious interference suit filed by Cernosek last August against USAA is scheduled for mediation in March He is seeking $10,000 from the insurer for “ payment of all reasonable and necessar y charges” to put four vehicles “back into pre-accident condition.”
Texas Automotive will continue to follow and report on both cases as they develop. TXA
NATIONAL NEWS
Remembering Lou DiLisio, Sr.
e national collision repair community is mourning the loss of Lou DiLisio, Sr , who passed away on Januar y 14 at 88. He was the father of past Collision Industr y Conference (CIC) and Society of Collision Repair Specialists (SCRS) Chairman Lou DiLisio, Jr. of Automotive Industr y Consulting, Inc
Lou Sr. grew up in Mount Kisco, NY working in the family auto body shop, Mt Kisco Paint and Body Shop, which was opened by his father in 1932. He eventually took over and ran the shop for over 30 years His brothers Angelo and Ed, both now deceased, spent time working for the business as well
Away from auto body, he founded a successful food manufacturing business, Casa DiLisio Products Inc , in 1973 He began the business by manufacturing the company ’ s frozen Italian sauces in the evenings and weekends along with his wife of nearly 66 years, Lucy, and it grew into a full-time enterprise He was also a tennis player, wine
connoisseur and avid musician whose dance band (which he formed when he was still in his teens) played for many local weddings and events. His love for music drove him to become part of the Yonkers Philharmonic Orchestra, among other organizations
In addition to being profiled by CBS in 1976 and the New York Times in 1977, Lou Sr appeared on the Food Network and was a guest on Live with Regis and Kathie Lee in 1996 In a Februar y 1977 radio address shortly after the CBS report aired, future US President Ronald Reagan praised the New Yorker’s independent and inventive spirit.
Of course, many industr y members from the East Coast and beyond will never forget the pre-show dinner parties that Lou Sr. and his family threw each year prior to the Alliance of Automotive Ser vice Providers of New Jersey’s (AASP/NJ) annual NORTHEAST® Automotive Ser vices Show
During his eulogy for his father, Lou Jr. spoke of the kindness that touched ever yone who had the pleasure of knowing this unforgettable man.
“My father’s generosity to those around us was infectious. One of the things I learned from him was that generosity didn’t mean ‘giving’ something to someone It ver y simply meant ‘do the right thing.’ In some cases, that may have been viewed as a gift, advice or just plain friendship, but it was never done to get something back in return It was done because it was the right thing to do ”
Lou Sr. is sur vived by Lucy, three children (Lou Jr , Linda and Lisa), four grandchildren and two great-grandchildren. He was preceded in death by his son Leslie and parents Edward and Antoinette TXA
Diminished value claims
VEND OR SP OTLIGHT
ECOTECH SYSTEMS, LLC
Chris Curran, owner of Ecotech Systems, is known as a pioneer in paint booths in the Lone Star State and beyond. He started out in the collision repair industr y in 1985 as an automotive painter. In the years that followed, auto painting shifted toward the downdraft booth method, and he quickly realized that there was an unfulfilled need for ser vicing and maintenance. From there, Ecotech Systems was born.
“Chris is known as the ‘paint booth guru, ’” declares Ecotech Director of Business Development Meredith Shelton.
Curran’s love of the industr y and his years of experience naturally make Ecotech the go-to source for all paint booth needs e enterprise ser ves ever yone from MSOs to independent facilities
Curran founded the company in 1992, and it has grown quite substantially ever since While Texas is the company ’ s
By Alana Bonillo
biggest market, Ecotech also ser ves Oklahoma and Louisiana In addition to selling Spray-Tech/Junair, it is the exclusive distributor for Accudraft paint booths in these markets
Personal, hands-on ser vice is what shops get by working with Curran and his team Ecotech stands proudly behind the fact it has experienced in-house ser vice and installation teams and doesn’t contract out work. e fully insured company ser vices all makes and models and is able to provide ever ything from emergency repairs to spray booth cleaning and preventive maintenance plans Maintenance includes visits ever y three months to adjust and tighten belts, grease bearings, change filters and make sure all elements work properly
“Spray booth systems are significant investments and must be properly maintained to maximize return and minimize downtime Ecotech is committed to keeping its customers ’
Chris Curran, owner of Ecotech Systems
spray booths in proper working order and operating at top output and efficiency We also maintain separate specialized installation and ser vice crews, which allows us to provide the best spray booth installations and gives us the capacity and skills to provide the best ser vice, repairs and maintenance.”
e company takes advantage of opportunities to network and interact with existing and potential customers Ecotech Systems has been an exhibitor at ABAT ’ s Texas Auto Body Trade Show for several years
“It’s a really good opportunity to network and get [ourselves] out there ”
In addition to ser ving the automotive industr y, Ecotech specializes in spray booth systems for trucking, industrial and aviation needs With a solid grasp on the body shop market, the company doesn’t have plans to expand its regional footprint further at this point However, Shelton says there are plans to continue to grow its industrial finish market as well as further branch out its work in the trucking industr y
With 28 years of success already under its belt, there’s no doubt Ecotech Systems will continue to lead the paint booth market in the southeast territor y and ser ve body shops of all sizes. TXA
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