Federal Court Allows Safelite to Proceed With Counterclaims Against Diamond Triumph

Date: 29 November 2004
Source: Yahoo.com
Safelite Group, Inc., a leading provider of property and casualty claims management solutions and auto glass repair and replacement products and services, announces several favorable rulings related to the company's counterclaims filed against Diamond Triumph Auto Glass.

In a ruling issued on November 12, 2004, the Honorable James M.Munley of the United States District Court for the Middle District of Pennsylvania denied Diamond Triumph's attempt to dismiss commercial bribery and false advertising counterclaims filed by Safelite. The court dismissed one claim alleged under an Illinois statute but gave Safelite permission to restate the claim as a civil common law claim. In November 2002, Safelite filed a defamation counterclaim against Diamond Triumph, which Diamond did not seek to dismiss.

The first of Safelite's counterclaims allege that letters Diamond Triumph sent to Safelite's insurance customers, along with other conduct, constitute false advertising under the Lanham Act. Additional counterclaims allege Diamond Triumph illegally pays gratuities or gifts to insurance agency representatives in return for auto glass job referrals.

Safelite alleges these payments:

Constitute commercial bribery under the Robinson-Patman Act; * Are prohibited by common law unfair competition; * Violate deceptive trade and commercial bribery statutes of certain
states; and

Constitute a breach of the former network contract between the parties, which requires compliance with laws applicable to the auto glass business.
"We are very pleased with Judge Munley's ruling," said Mark Smolik, Senior Vice President & General Counsel for Safelite Group. "We look forward to the opportunity to show that Diamond Triumph unlawfully engaged in commercial bribery and unfair trade practices by paying various insurance agency representatives for auto glass claim referrals."

Columbus, OH-based Safelite Group is a leading provider of property and casualty claims management solutions and auto glass products and services. Safelite Group is the parent company of Safelite AutoGlass, the nation's largest provider of auto glass repair and replacement products and services; Safelite Glass Corp., a leading fabricator of aftermarket windshields; and Safelite Solutions, a third party administrator of property and casualty claims.

600450 Federal Court Allows Safelite to Proceed With Counterclaims Against Diamond Triumph glassonweb.com
Date: 29 November 2004
Source: Yahoo.com

See more news about:

Others also read

The glass sector has the increasingly widespread requirement of having an unlimited catalogue of parametric shapes and creating new ones in a simple way without being an expert in the field.
Glass Confusion is starting the New Year with Beginning Fused Glass group classes. The three-week course will be held Wednesdays from 10 a.m. to 1 p.m. and again from 5 p.m. to 9 p.m.
Shoaib Akhtar is going to be back on Indian TV screens. He is going to be featured in the new TV ad campaign for Asahi Glass.
Worldwide glass-substrate capacity is expected to continue to grow more than 40% each quarter through 2005, as a result of capacity expansion by existing glass-substrate suppliers and new companies joining the market, according to DisplaySearch.
Western Pennsylvania’s once-thriving glassmaking industry is dwindling, as did the domestic steel industry and for many of the same reasons: competition and cost.
Christmas got a little bluer for the local glass industry this week with the closure of yet another plant.

Add new comment