Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 01-30-2023
Case Style:
John Wohlford v. American Auto Sheild, LLC, et al.
Case Number: 22-cv-520
Judge: Scott L. Palk
Court: United States District Court for the Western District of Oklahoma (Oklahoma County)
Plaintiff's Attorney:
Defendant's Attorney: Emily E. Allan, Sara E. Potts, Tom Ferguson
Description: Oklahoma City, Oklahoma insurance law lawyer represented Plaintiff, who sued defendants breach of vehicle services contract.
In April 2021, Plaintiff purchased a month-to-month Vehicle Service Contract from Defendant NRRM, LLC, d/b/a CarShield, LLC. Defendant, American Auto Shield, LLC (AAS), is the administrator and obligor of the VSC. And Defendant, American Bankers Insurance Company of Florida, insures the obligations of CarShield and AAS under the VSC.
In June 2021, Plaintiff reported a claim to AAS under the VSC for repair costs to his vehicle. Plaintiff alleges Defendants have failed to pay the repair costs. Plaintiff brings the following claims for relief: (1) breach of contract; (2) bad faith; (3) violation of the Oklahoma Consumer Protection Act; and (4) fraud /misrepresentation /deceit.
Defendants move to compel arbitration. Defendant AAS contends the VSC is a binding contract that includes a mandatory arbitration provision. AAS further argues that the arbitration clause applies to all of Plaintiff's claims. Defendants CarShield and ABIC acknowledge they are not parties to the VSC, but consent to participate in arbitration.
Outcome: Motion granted.
Plaintiff's Experts:
Defendant's Experts:
Comments: