December 28, 2012
Insurance company, body shop barred from using 'crash parts'
Page 2 of 2
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"However, its ruling did send a clear message to the insurance industry that West Virginia courts continue to uphold its laws," the statement read.

In April, Kanawha Circuit Judge Charles E. King ordered that Liberty Mutual release the names and contact information of the consumers who may have been affected by the policy.

McGraw sued Liberty Mutual in December 2011 after a former manager for Joe Holland's Automotive came forward with a complaint that the insurance company was trying to force them to implement the policy, which is prohibited under state law unless the owner of the vehicle agrees to it.

Lawyers for the insurance company tried to remove the case to federal court, claiming that McGraw's complaint raises questions under a 1975 federal warranty act, and did not apply to state law.

U.S. District Judge Joseph Goodwin threw out the case, and stated in an order that Liberty Mutual's argument was "nonsensical."

A Liberty Mutual spokesman told the Gazette in January: "Any decision we make concerning the use of a specific part for a damaged vehicle is made without compromising neither our customer's safety or the manufacturer warranty."

Reach Megan Workman at megan.work...@wvgazette.com or 304-348-5113.

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