Opinion
Civil Action CV-20-378
06-25-2021
ONSITE AUTO GLASS, as assignee of Richard Cooper, Plaintiff v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, Defendant
Plaintiff-John Lagrow, Esq. Defendant-Samuel Johnson, Esq.
Plaintiff-John Lagrow, Esq.
Defendant-Samuel Johnson, Esq.
ORDER
Thomas D. Warren Justice, Superior Court
Before the court is a Rule 59(e) motion by plaintiff Onsite Auto Glass, as assignee of Richard Cooper, to alter the court's May 5, 2021 order granting summary judgment against Onsite. Judgment was entered on May 6, 2021.
Onsite's motion in this case is virtually identical to its Rule 59(e) motion in the companion case of Onsite Auto Glass, as assignee of Bill Ciccarone v. Interinsurance Exchange of the Automobile Club, CV-20-375. For the reasons set forth in in the court's order denying Onsite's Rule 59(e) motion in CV-20-375, the court concludes that there is no reason to alter the judgment entered in this case.
It also bear emphasis that Onsite appears to base its argument on the theory that even if the the notice provision was violated, AAA was nevertheless obligated the dispute the claim within 30 days. The court disagrees. In any event, Onsite's own submissions demonstrate that in the case of Onsite's claim as assignee of Richard Cooper, it emailed its invoice to AAA on August 20, 2018 and received back a denial of its claim on September 10, 2018 - within the 30 day time limit relied upon by Onsite. See Onsite's statement of additional material facts ¶¶ 3, 11. The entry shall be:
The motion by plaintiff Onsite Auto Glass to alter the judgment entered on May 6, 2021 is denied. The clerk shall incorporate this order in the docket by reference pursuant to Rule 79(a).