Dunrite Auto Body & Motor Works, Inc. v. Liberty Mutual Insurance

OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and defendant’s motion for summary judgment denied.

*441Plaintiff, a repair shop, sued to recover from defendant insurer in connection with its repair of the car owned by defendant’s insured, Stephen Rahilly, whose policy included collision insurance coverage. Plaintiff contested the propriety of defendant’s allowance of only $30 as the hourly rate for repair services instead of the $40 rate set forth in plaintiff’s bill to Rahilly, resulting in a shortfall of $565. Defendant moved for summary judgment on the ground that,…