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Nedelka v. Allstate Insurance Co.

Trial is needed to determine whether insureds may recover actual costs for vehicle repairs.

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Judge Asarch

NEDELKA v. ALLSTATE INSURANCE CO. — The within four small claims matters were joined for trial before the undersigned on February 6, 2003. However, the defendant sought preliminarily to dismiss the actions for failure to state a cause of action. The parties stipulated that the following question would be determined by the Court: whether, pursuant to the contract of insurance issued by defendant to each plaintiff, plaintiffs are entitled to recover the actual cost incurred for repair of their vehicles or are limited to the estimate provided by defendant where defendant has shops that will do the repairs for its estimated price.

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