North State, Coccaro not guilty of fraud charged by Progressive

Jan. 1, 2020
A New York jury found Greg Coccaro, owner of North State Custom in Westchester, N.Y., not guilty of fraud Dec. 15, ending a 5.5-year legal struggle that cost Coccaro an estimated $600,000. Progressive Insurance sued him for fraud over repairs he made
A New York jury found Greg Coccaro, owner of North State Custom in Westchester, N.Y., not guilty of fraud Dec. 15, ending a 5.5-year legal struggle that cost Coccaro an estimated $600,000. Progressive Insurance sued him for fraud over repairs he made to a customer’s Mercedes-Benz in 2005.

“I am so grateful that the jury was able to see through Progressive’s tactics and didn’t fall for the fairy tale Progressive tried to tell them,” Coccaro said. “I feel exonerated. “My business and reputation mean everything to me. That’s why I insisted on fighting these false accusations. I’ve been in business for 40 years and I don’t have a single Department of Motor Vehicle violation against my shop license. I’ve never been taken to small claims court in 40 years. For them to portray me that way is unconscionable.'

This is actually the second time that Coccaro has been vindicated of the charges in a courtroom. In 2008, a judge ruled Progressive did not have enough evidence to support its claim of fraud against him and dismissed the case before witnesses were called. Progressive appealed that decision, which resulted in yesterday’s ruling. For a list of related stories, see the links at the end of this article.

Coccaro said he is grateful to his legal team of Michael G. Santangelo, Erica L. Eversman, and Anthony J. Mamo, Jr. “They were fantastic. I couldn’t have asked for better representation.”

He also sited support from the collision repair industry, specifically Mike Anderson of Collision Advice, who Coccaro said was an important factor in his victory, as he ably testified on behalf of Coccaro and North State Custom that the repairs to the vehicle were properly done and that they were entitled to charge for the work that was performed. Anderson, a former shop owner, had inspected the car after repairs were initially made.

 

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“Mike Anderson took time out of his schedule to fly here and testify and fly back and he did it for free,” Coccaro said. “He did not charge a dime. It was poignant when he pointed that out in court. He put his reputation on the line for me. I am very grateful that he did that for my family, my business and me. Not many people would do that. He put his reputation on the line testifying on my behalf, and I owe him many thanks.”

Coccaro said he is not sure if he will try to recover his legal expenses by suing Progressive. “I would have to sue them for abuse of process to recover my legal expenses,” he said. “They put me in a huge financial hole, so I’m leaving that option on the table. I am 61 years old and had to remortgage everything I owned. I’m in debt again. They don’t like people to stand up to them. They couldn’t get this car out of my shop and they were mad and wanted to teach me a lesson. Huge companies can put you out of business. I won the case, but all I did was exonerate myself. I think they spent over $1 million for an alleged fraud of $2,800, according to their expert witness. They were suing me for $34,000, the entire amount of the bill, because they said I intentionally totaled the car.”

Coccaro is “looking forward to getting back to the business of performing quality collision repairs for customers,” and is “extremely grateful and touched by all of the support and encouragement shown by fellow members of the collision repair industry.

“This is a triumph for the entire collision repair industry,” he said. “Now insurers will know that they can’t accuse shops of fraud for making repairs according to the blueprint for repair set out in the shops’ estimates. After all, we are the repair professionals, and it is time that insurers stop interfering with how we operate our businesses.”

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