tag:blogger.com,1999:blog-4754540220266106237.post2845047681584877841..comments2024-03-17T16:43:50.668-04:00Comments on Coverage Counsel: Deductible Waivers and Rebates by Automobile Collision Repair ShopsRoy A. Murahttp://www.blogger.com/profile/06367888044845855898noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4754540220266106237.post-10016328486322113302013-12-11T14:16:09.497-05:002013-12-11T14:16:09.497-05:00@Heidi - it sounds to me like you are right - she ...@Heidi - it sounds to me like you are right - she negotiated the contract and the stipulations thereof, and assuming the contract released the contractor from liability, this would not be a case of fraud.Tarahttp://threecbodyshop.com/noreply@blogger.comtag:blogger.com,1999:blog-4754540220266106237.post-70968646788883398542008-05-09T12:46:00.000-04:002008-05-09T12:46:00.000-04:00This opinion seems to apply only to automobile rep...This opinion seems to apply only to automobile repair facilities. What about other contractors?<BR/>I had a case where I settled a building claim with our insured. About 1-2 years later, the insured had problems with the work performed by the contractor. She ended up suing him in city small claims court. The contractor told the judge that he and the insured agreed to do the repairs for an amount less than her deductible. In other words, instead of doing the work for $5,000, which was the agreed figure we had with the contractor when we settled the claim, he would do it for $4,500. The contractor agreed to do the work for the amount of the payment she received from us. The judge felt that the insured committed fraud and contacted us about it. I did not believe it to be fraud because she renegotiated the contract after the claim was settled and before the work was commenced by the contractor. What do you think?Anonymousnoreply@blogger.com