CollisionWeek has reported that Progressive's suit for fraud against New York shop owner Greg Cocarro has been dismissed by the judge.
Mr. Cocarro and his shop, North State Custom, were being sued by Progressive Insurance for fraud over the repairs of a Progressive-insured Mercedes Benz in 2005. The suit stemmed from the fact that the insured would not take his car to a Progressive DRP shop, and that the final invoice from North State Custom was nearly $7,300 more than the Progressive staff-written estimate.
Counsel for Progressive Insurance had finished their case when Mr. Cocarro's attorneys, Anthony Mamo and Erica Eversman, moved for a Direct Verdict, citing that the plaintiff - Progressive - did not prove their case for fraud. The motion was granted yesterday afternoon and the case was dismissed before a single defense witness took the stand.
There is still a case pending between these two - Mr. Cocarro filed a suit against Progressive Insurance, citing unfair business practices including steering work, and telling vehicle owners that his shop inflates estimates and does substandard work. That case in in the discovery phase, and a trial date has not been scheduled.
This is an amazing victory for Mr. Cocarro and for any small business that feels it is getting the short end of the stick when dealing with a large corporation. My congratulations to Mr. Cocarro for standing up for himself, his business, and the quality of his workmanship.
--Chrisa
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