PCTG Consumer Complaint Report Record ID#: 1104787972

Date of Report Submission: 01/03/05

Complaint Comments:

PENNSYLVANIA DEPARTMENT OF INSURANCE: Comment: HW - Hazardous Waste Removal is a necessary cost associated with the removal of waste thinners and unused paints during the repair and refinishing procedures associated with the repairing and refinishing of damaged vehicles. Complaint: While reviewing the appraiser's report of damages on the above consumer's vehicle I asked Mr. Leader why he did not include the cost for Hazardous Waste Removal. The appraiser advised said cost is included with the ADP estimating programs "Included Items". I advised him no it is not as our facility also subscribes to the ADP estimating program and we are aware of the ADP estimating guidelines. Mr Leader then advised he is directed by his supervisor to NOT pay for this line item as it is the opinion of his supervisor the charge is an included charge. I advised I would contact the authors of the ADP software and clarify our dispute with them. On Dec. 12, 2004 I discussed this HW situtaion with the people who design the ADP data base and they agreed with my position that HW is NOT an included item. I then contacted the inside adjuster for the above claim a Mr. Adam Taylor at Liberty Mutual and requested proper compensation. Mr Adams refused stating Liberty Mutual will not pay for HW. I explained my conversation with ADP and the adjuster told me to either charge the customer or absorb the cost internally. I explained this situation with Mr. James John, Manager at the Pennsylvania Department of Insurance recommended I submit a complaint regarding this Hazardous Waste nonpayment. Please consider the above my request for an investigation of Liberty Mutual Insurance Company's refusal to pay for necessary repair items. Thank You, Stephen Behrndt #276003 '

Itemized List of Submitted Complaints
Violation of Unfair Ins. Practices Act Title 40
Violation of Unfair Claims Settlement PA Code Title 31
Violation of Regulation PA Code Title 31
Violation of Automotive Industry Trade Practices Title 37
Violation of Act 367 Title 63
Unprofessional Behavior
Non-itemized listing of all damages
Non-Independent Appraisal
No regard for Public Safety
Arbitrary Capping & Underpayment

Consumer Information

Name:

Address:

City:

State:

Zip:

Daytime Phone:

Evening Phone:

Repair Facility Information

Repair Facility: Crawford's Auto Center, Inc.

State Appraiser License: 276003

Shop Representative: STEPHEN BEHRNDT

Address: 302 W. UWCHLAN AVE

City: DOWNINGTOWN

State: PA

Zip: 19335

Phone: 610-269-1610

Insurance Information

Insurance Company: LIBERTY MUTUAL INSURANCE COMPANY

Claim Number: 005222346-02

Insurance Company Representative: PAUL LEADER

Date of Loss: 11-18-04

Appraiser License Number: 123802

Insurance Company Phone: 215-839-6600

Legislator Information

Consumer Legislative Representative: Schroder, Curt (R) - District 155

Consumer Senator: Thompson , Robert J. (R) - District 19

Repair Facility Legislative Representative: Schroder, Curt (R) - District 155

Repair Facility Senator: Thompson , Robert J. (R) - District 19