Allstate Insurance v. Rossi Auto Body, Inc.

OPINION

HERLIHY, Judge.

Plaintiffs Allstate Insurance Company and Aimee Sann have filed an action in replevin, for declaratory judgment and for damages for automobile repair fraud against defendant Rossi Auto Body, Inc. Sann’s vehicle was involved in an automobile accident. It was towed and ended up with Rossi, which claims it had authority to make certain repairs. Whether it did or how much was authorized is part of the dispute. Apparently, Rossi made some repairs, but later Allstate determined Sann’s vehicle to be totaled. Allstate tendered a check to Rossi for repairs which Rossi said was…