Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 1 of 44 PageID 1

Transcription

1 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 1 of 44 PageID 1 Steven D. Olson, OSB No Direct Dial: Fax: steven.olson@tonkon.com Paul W. Conable, OSB No Direct Dial: Fax: paul.conable@tonkon.com TONKON TORP LLP 1600 Pioneer Tower 888 S.W. Fifth Avenue Portland, OR Attorneys for Plaintiff Leifs Auto Collision Centers, LLC UNITED STATES DISTRICT COURT DISTRICT OF OREGON (Portland Division) LEIF'S AUTO COLLISION CENTERS, LLC, an Oregon limited liability company dba LEIF'S AUTO COLLISION CENTERS, Civil No. Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY OF OREGON, STATE FARM FIRE AND CASUALTY COMPANY, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ESURANCE INSURANCE COMPANY, PROGRESSIVE COMPLAINT (Antitrust) (JURY TRIAL DEMANDED) PAGE 1 - COMPLAINT

2 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 2 of 44 PageID 2 NORTHWESTERN INSURANCE COMPANY, PROGRESSIVE DIRECT INSURANCE COMPANY, PROGRESSIVE ADVANCED INSURANCE COMPANY, PROGRESSIVE CASUALTY INSURANCE COMPANY, PROGRESSIVE CLASSIC INSURANCE COMPANY, PROGRESSIVE MAX INSURANCE COMPANY, PROGRESSIVE NORTHERN INSURANCE COMPANY, PROGRESSIVE PREFERRED INSURANCE COMPANY, PROGRESSIVE SPECIALTY INSURANCE COMPANY, PROGRESSIVE WEST INSURANCE COMPANY, PROGRESSIVE UNIVERSAL INSURANCE COMPANY, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY, GEICO CASUALTY COMPANY, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY INSURANCE CORPORATION, LM GENERAL INSURANCE COMPANY, LM INSURANCE CORPORATION, SAFECO INSURANCE COMPANY OF AMERICA, SAFECO INSURANCE COMPANY OF OREGON, UNITED SERVICE AUTOMOBILE ASSOCIATION, USAA CASUALTY INSURANCE COMPANY, USAA GENERAL INDEMNITY COMPANY, MUTUAL OF ENUMCLAW INSURANCE COMPANY, ENUMCLAW PROPERTY AND CASUALTY INSURANCE COMPANY, NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY OF AMERICA, NATIONWIDE MUTUAL INSURANCE COMPANY, HARTFORD ACCIDENT AND INDEMNITY COMPANY, HARTFORD CASUALTY INSURANCE COMPANY, HARTFORD FIRE INSURANCE COMPANY, HARTFORD INSURANCE COMPANY OF THE MIDWEST, HARTFORD UNDERWRITERS INSURANCE COMPANY, PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, METROPOLITAN CASUALTY INSURANCE PAGE 2 - COMPLAINT

3 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 3 of 44 PageID 3 COMPANY, METROPOLITAN DIRECT PROPERTY AND CASUALTY INSURANCE COMPANY, METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, TRAVELERS COMMERCIAL INSURANCE COMPANY, OREGON MUTUAL INSURANCE COMPANY, PEMCO MUTUAL INSURANCE COMPANY, GRANGE INSURANCE ASSOCIATION, COUNTRY CASUALTY INSURANCE COMPANY, COUNTRY MUTUAL INSURANCE COMPANY, COUNTRY PREFERRED INSURANCE COMPANY, CALIFORNIA CASUALTY GENERAL INSURANCE COMPANY OF OREGON, AMICA MUTUAL INSURANCE COMPANY, HORACE MANN INSURANCE COMPANY, HORACE MANN PROPERTY & CASUALTY INSURANCE COMPANY, FARMERS INSURANCE COMPANY OF OREGON, AMERICAN COMMERCE INSURANCE COMPANY, OREGON MUTUAL INSURANCE COMPANY, AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS, VIKING INSURANCE COMPANY OF WISCONSIN, WAWANESA GENERAL INSURANCE COMPANY, SUBLIMITY INSURANCE COMPANY, OMNI INSURANCE COMPANY, AND UNIGARD INSURANCE COMPANY, Defendants. COMES NOW, the above-captioned Plaintiff, pursuant to the Federal Rules of Civil Procedure and other applicable authority and files this, its Complaint against the abovecaptioned Defendants, and in support thereof, states the following: Where the term "Defendants" is used within this Complaint, it is intended to and does mean and include each and every Defendant named in the caption above. PAGE 3 - COMPLAINT

4 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 4 of 44 PageID 4 PARTIES 1. Plaintiff Leif s Collision Center LLC, is an Oregon Limited Liability Company authorized to do business within the State of Oregon, with its primary location at SW 72nd Ave, Tigard, Oregon Leif s Collision Center, LLC, also operates collision repair facilities at SW 72nd Avenue, Tigard, Oregon, 97224; SW TV Highway, Beaverton, Oregon 97006; 8101 NE Glisan Street, Portland Oregon ; 8410 SE McLoughlin Boulevard, Milwaukie, Oregon and 101 E. 1St Street, Newberg, Oregon Defendant State Farm Mutual Automobile Insurance Company is a mutual company registered with the Oregon Insurance Division to do business within the state of Oregon whose headquarters is located at One State Farm Plaza, Bloomington, Illinois This defendant may be served through its designated agent for service of process, Mr. Bob Roach, 550 Hawthorne Avenue SE, Salem, Oregon Defendant State Farm Fire and Casualty Company is a mutual company registered with the Oregon Insurance Division to do business within the state of Oregon whose headquarters is located at One State Farm Plaza, Bloomington, Illinois This defendant may be served through its designated agent for service of process, Mr. Bob Roach, 550 Hawthorne Avenue SE, Salem, Oregon Defendants Allstate Fire and Casualty Insurance Company is an Illinois insurance company registered with Oregon Insurance Division to do business and is doing business in the state of Oregon and whose headquarters is located at 2775 Sanders Road STE H1E, Northbrook, Illinois This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem OR PAGE 4 - COMPLAINT

5 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 5 of 44 PageID 5 5. Defendant Allstate Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located 3075 Sanders Road, Northbrook, IL. This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Allstate Property and Casualty Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 3075 Sanders Road, Northbrook, IL This defendant may be served through its designated agent for service of process CT Corporation System, 388 State Street Suite 420, Salem OR, Defendant Allstate Indemnity Company is an Illinois insurance company registered with the Oregon Insurance Division to do business and is doing business within the State of Oregon whose corporate headquarters is located at 3075 Sanders Road STE H1E, Northbrook, IL, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Esurance Insurance Company is a Wisconsin insurance company registered with the Oregon Insurance Division to do business and is doing business within the State of Oregon whose corporate headquarters is located at 650 Davis Street, San Francisco, CA This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR Defendant Progressive Northwestern Insurance Company is an Ohio insurance company registered with Oregon Insurance Division to do business within the state of Oregon and whose headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, PAGE 5 - COMPLAINT

6 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 6 of 44 PageID This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR Defendant Progressive Direct Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR Defendant Progressive Advanced Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR Defendant Progressive Casualty Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR Defendant Progressive Classic Insurance Company is a Wisconsin insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR PAGE 6 - COMPLAINT

7 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 7 of 44 PageID Defendant Progressive Max Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, 5260 Western Ave., Chevy Chase, MD This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Progressive Northern Insurance Company is a Wisconsin insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR Defendant Progressive Preferred Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Progressive Specialty Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for PAGE 7 - COMPLAINT

8 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 8 of 44 PageID 8 service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Progressive West Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420, Salem, OR Defendant Progressive Universal Insurance Company is an insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 6300 Wilson Mills Road, W33, Cleveland, OH, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendants Geico General Insurance Company is a Maryland insurance company registered with the Oregon Insurance Division to and is do business within the state of Oregon whose corporate headquarters is located at One Geico Plaza, Washington, DC This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Geico Indemnity Company is a Maryland insurance company registered with the Oregon Insurance Division to do business in and is doing business within the state of Oregon whose corporate headquarters is located at One Geico Plaza, Washington, DC This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Geico Casualty Company is an insurance company registered with the Oregon Insurance Division to do business in and is doing business within the state of PAGE 8 - COMPLAINT

9 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 9 of 44 PageID 9 Oregon whose corporate headquarters is located at One Geico Plaza, Washington, DC This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant American Family Mutual Insurance Company is a Wisconsin mutual insurance company registered with the Oregon Insurance Division and is doing business within the state of Oregon whose corporate headquarters is located at 6000 American Parkway, Madison, WI, This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant Liberty Mutual Fire Insurance Company is a Wisconsin insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 175 Berkeley Street, Boston, MA, This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant Liberty Insurance Corporation is an Illinois corporation registered with the Oregon Insurance Division to do business within the State of Oregon and whose headquarters is located at 175 Berkeley Street, Boston, MA This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant LM General Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and whose headquarters is located at 175 Berkeley Street, Boston, MA This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR PAGE 9 - COMPLAINT

10 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 10 of 44 PageID Defendant LM Insurance Corporation is an Illinois corporation registered with the Oregon Insurance Division to do business within the State of Oregon and whose headquarters is located at 175 Berkeley Street, Boston, MA This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant Safeco Insurance Company of America is a New Hampshire insurance company registered with the Oregon Insurance Division to do business within the state of Oregon whose headquarters is located at 175 Berkeley Street, Boston, Ma, This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant Safeco Insurance Company of Oregon is an Oregon insurance company registered with the Oregon Insurance Division to do business within the state of Oregon whose headquarters is located at 175 Berkeley Street, Boston, Ma, This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant United Services Automobile Association is a Texas insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 9800 Fredericksburg Road, San Antonio, TX, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant USAA Casualty Insurance Company is a Texas insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 9800 Fredericksburg Road, PAGE 10 - COMPLAINT

11 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 11 of 44 PageID 11 San Antonio, TX, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant USAA General Indemnity Company is a Texas insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 9800 Fredericksburg Road, San Antonio, TX, This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Mutual of Enumclaw Insurance Company is a Washington insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 1460 Wells Street, Enumclaw, WA, This defendant may be served through its designated agent for service of process, Becky Sellers, 4000 Kruse Way PL, Bldg. 3 #200, Lake Oswego, OR Defendant Enumclaw Property and Casualty Insurance Company is a Washington insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 1460 Wells Street, Enumclaw, WA, This defendant may be served through its designated agent for service of process, Becky Sellers, 4000 Kruse Way PL, Bldg. 3 #200, Lake Oswego, OR Defendant Nationwide Affinity Insurance Company of America is an Ohio insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One West Nationwide Blvd., Columbus, OH This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty ST NE, Salem, OR PAGE 11 - COMPLAINT

12 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 12 of 44 PageID Defendant Nationwide Insurance Company of America is a Wisconsin insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One West Nationwide Blvd., Columbus, OH This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty ST NE, Salem, OR Defendant Nationwide Mutual Insurance Company is an insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Nationwide Plaza, Columbus, OH This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty ST NE, Salem, OR Defendant Hartford Accident and Indemnity Company is a Connecticut insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Hartford Plaza, Hartford, CT This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Hartford Casualty Insurance Company is an Indiana insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Hartford Plaza, Hartford, CT This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Hartford Fire Insurance Company is a Connecticut insurance PAGE 12 - COMPLAINT

13 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 13 of 44 PageID 13 company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Hartford Plaza, Hartford, CT This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Hartford Insurance Company of The Midwest is an Indiana insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Hartford Plaza, Hartford, CT This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Hartford Underwriters Insurance Company is a Connecticut insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Hartford Plaza, Hartford, CT This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Property and Casualty Insurance Company of Hartford is an Indiana insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Hartford Plaza, Hartford, CT This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Metropolitan Casualty Insurance Company is a Rhode Island insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 700 Quaker Lane, P.O. Box 350, Warwick, RI This defendant may be served through its designated agent PAGE 13 - COMPLAINT

14 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 14 of 44 PageID 14 for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Metropolitan Direct Property and Casualty Insurance Company is a Rhode Island insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 700 Quaker Lane, P.O. Box 350, Warwick, RI This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR Defendant Metropolitan Property and Casualty Insurance Company is a Rhode Island insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 700 Quaker Lane, P.O. Box 350, Warwick, RI This defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street Suite 420, Salem, OR. 47. Defendant The Travelers Home and Marine Insurance Company is a Connecticut insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Tower Square, Hartford, CT This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street Ne Suite 370, Salem, OR Travelers Commercial Insurance Company is a Connecticut insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at One Tower Square, Hartford, CT This defendant may be served through its designated agent for service of PAGE 14 - COMPLAINT

15 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 15 of 44 PageID 15 process, Corporation Service Company, 285 Liberty Street Ne Suite 370, Salem, OR Defendant Oregon Mutual Insurance Company is an Oregon insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at P.O. Box 808, McMinnville, OR This defendant may be served through its designated agent for service of process, Mr. Steven L Patterson, 400 NE Baker Street, McMinnville, OR Defendant Pemco Mutual Insurance Company is a Washington mutual insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at P.O. BOX 778, Seattle, WA This defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant Grange Insurance Association is a Washington insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at 200 Cedar Street, Seattle, WA This defendant may be served through its designated agent for service of process, CT Corporation System, 338 State Street Suite 420, Salem, OR Defendant Country Casualty Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at P.O. Box 2100 Bloomington, IL This defendant may be served through its designated agent for service of process, CT Corporation System,338 State Street, Suite 420, Salem, OR Defendant Country Mutual Insurance Company is an Illinois mutual insurance company registered with the Oregon Insurance Division to do business and is doing PAGE 15 - COMPLAINT

16 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 16 of 44 PageID 16 business within the state of Oregon whose corporate headquarters is located at P.O. Box 2100 Bloomington, IL This defendant may be served through its designated agent for service of process, CT Corporation System, 338 State Street, Suite 420, Salem, OR Defendant Country Preferred Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at P.O. Box 2100 Bloomington, IL This defendant may be served through its designated agent for service of process, CT Corporation System, 338 State Street, Suite 420, Salem, OR Defendant California Casualty General Insurance Company of Oregon is an Oregon insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at P.O. Box M, San Mateo, CA This defendant may be served through its designated agent for service of process Registered Agent Solutions Inc., 9130 SW Beaverton-Hillsdale Hwy, Portland OR Defendant Amica Mutual Insurance Company is a Rhode Island mutual insurance company registered with the Oregon Insurance Division to do business and is doing business within the state of Oregon whose corporate headquarters is located at P.O. Box 6008, Providence, RI This defendant may be served through its designated agent for service of process, Mr. Scott R. Berard, 5665 SW Meadows Road Suite 250, Lake Oswego, OR Defendant Horace Mann Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon and whose corporate headquarters is 1 Horace Mann Plaza, Springfield Illinois Defendant may be served through its designated PAGE 16 - COMPLAINT

17 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 17 of 44 PageID 17 agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, Oregon Defendant Horace Mann Property & Casualty Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon and whose corporate headquarters is 1 Horace Mann Plaza, Springfield Illinois Defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, Oregon Defendant Farmers Insurance Company of Oregon is an insurance company registered with the Oregon Insurance Division to do business within the state of Oregon and is doing business within the State of Oregon, and whose headquarters is located at NW Bennett Street, Hillsboro, OR This defendant may be served through its designated agent for service of process, Corporation Service Company,285 Liberty Street NE, Salem, OR Defendant American Commerce Insurance Company is an Ohio insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the state of Oregon whose corporate headquarters is 3590 Twin Creeks Drive, Columbus, OH This Defendant may be served through its designated agent for service of process, Mr. Tom Kranovich, 5 Centerpointe Drive Suite 400, Lake Oswego, OR Defendant Oregon Mutual Insurance Company is an Oregon mutual insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon whose corporate headquarters is PO PAGE 17 - COMPLAINT

18 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 18 of 44 PageID 18 BOX 808, McMinnville, OR This Defendant may be served through its designated agent for service of process, Mr. Steven L Patterson, 400 NE Baker Street, McMinnville, OR American National Property and Casualty Company is a Missouri' insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon whose corporate headquarters is Corporate Centre, 1949 E. Sunshine, Springfield MO This Defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420 Salem, Oregon Defendant Zurich American Insurance Company of Illinois is an Illinois insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon whose corporate headquarters is 1400 American Lane, Schaumberg, Illinois This Defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, Oregon Defendant Viking Insurance Company of Wisconsin is a Wisconsin insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon and whose corporate headquarters is 1800 North Point Drive, Stevens Point, WI This Defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420 Salem, Oregon Wawanesa General Insurance Company is a California insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon and whose corporate headquarters is 9050 Friars PAGE 18 - COMPLAINT

19 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 19 of 44 PageID 19 Road, Ste 101, San Diego, CA This Defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420 Salem, Oregon Defendant Sublimity Insurance Company is an Oregon insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon and whose corporate headquarters is P.O. 219, Sublimity, OR This Defendant may be served through its designated agent for service of process, G. Richer Budke, 100 SW Sublimity Boulevard, Sublimity, Oregon Defendant Omni Insurance Company is an Illinois insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon and whose corporate headquarters is 1862 Charter Lane, Ste. 102, Lancaster, PA This Defendant may be served through its designated agent for service of process, Corporation Service Company, 285 Liberty Street NE, Salem, OR Defendant Unigard Insurance Company is a Wisconsin insurance company registered with the Oregon Insurance Division to do business within the State of Oregon and is doing business within the State of Oregon and whose corporate headquarters is One General Drive, Sun Prairie, WI This Defendant may be served through its designated agent for service of process, CT Corporation System, 388 State Street, Suite 420 Salem, Oregon JURISDICTION AND VENUE 69. Original jurisdiction and venues exists in this Court pursuant to 28 U.S.C. 1331, as the Plaintiff asserts causes of action arising under the laws of the United States; and PAGE 19 - COMPLAINT

20 Case 6:14-cv GAP-TBS Document 1 Filed 11/07/14 Page 20 of 44 PageID 20 pursuant to 28 U.S.C. 1391(b)(2), as it is the judicial district in which a substantial part of the events or omissions giving rise to the claims occurred. FACTS 70. Plaintiff is in the business of recovery and/or repair of motor vehicles involved in collisions at each of its five locations within the State of Oregon. 71. Each individual Defendant is an insurer providing automobile policies to consumers throughout the state of Oregon. 72. The Plaintiff has done business at its locations at various times over the course of years with the Defendants' policyholders and claimants by providing to these policyholders and claimants motor vehicle collision repair service. Each Defendant is individually responsible for payment for those repairs for their respective policyholders and claimants. 73. On information and belief, over the course of several years, the Defendants have engaged in an ongoing, concerted and intentional course of action and conduct with State Farm acting as the spearhead to improperly and illegally control and depress automobile damage repair costs to the detriment of the Plaintiff and the substantial profit of the Defendants. 74. One of the methods by which the Defendants exert control over body shops is by way of entering program agreements with body shops. Although each Defendant's program agreements have unique titles, such agreements are known generally and generically within the collision repair industry as direct repair program agreements ("DRPs"). 75. DRPs were presented to body shops as a mutually beneficial opportunity. In exchange for providing certain concessions of price, priority and similar matters, the PAGE 20 - COMPLAINT