Plaintiffs alleged claims against Adams for: (1) fraud (2) tortious breach of contract (3) civil conspiracy (4) unfair and deceptive trade practices, pursuant to N.C. Plaintiffs filed a complaint against Adams on 13 March 2014. The specific cost of actual repairs to the vehicle itself was not disclosed. According to the report, a claim on the policy covering the vehicle was filed on 22 June 2012 and $7,539.00 had been paid out for property damages on that claim. Plaintiffs contacted their insurance agent, who produced an auto loss history report on the vehicle. Plaintiffs brought the vehicle to Hendrick Honda for repairs, where it was discovered a motor mount and an antilock braking system (“ABS”) modulator valve were broken. Plaintiffs allegedly first learned the vehicle had previously sustained frame damage through an “AutoCheck report” at this time. Plaintiffs took the vehicle to Hickory Used Car Superstore to explore trading it in for another vehicle. The vehicle began to experience various mechanical problems sometime after the date of purchase. Plaintiffs signed a Buyer's guide “As Is-No Warranty” disclosure and agreement as part of their sales contract to purchase the vehicle. Adams also provided a “Carfax report,” which stated the vehicle had two previous owners and no accident or damage had been reported to Carfax. The salesperson purportedly told Plaintiffs, to the best of his knowledge, the vehicle had not been involved in a collision or other occurrence to the extent that the cost of repairs exceeded 25% of the vehicle's fair market value. Plaintiffs purchased the vehicle from Adams for $15,843.70. It was announced during the auction, and prior to sale, that the vehicle had sustained frame damage. Capital One subsequently repossessed the vehicle after the Freemans declined to retake possession of the vehicle after it was repaired.Ĭapital One sold the vehicle to Adams at an Automotive Dealer Exchange Services of America (“ADESA”) auction in Charlotte, North Carolina on 20 September 2012. The vehicle was involved in a collision in June 2012. The Freemans had financed their purchase of the vehicle through defendant, Capital One. The vehicle was previously owned by the Freemans, who are not a party to this action. Plaintiffs purchased a used 2010 Honda Civic automobile (“the vehicle”) from defendant, Adams Auto Group (“Adams”) on 18 January 2013. We affirm in part, reverse in part, and remand. Sain (“Plaintiffs”) appeal from order allowing the motions to dismiss of Adams Auto Group, Inc. Heard in the Court of Appeals 3 December 2015. McKelvey, for defendant-appellee Capital One, N.A.Īppeal by plaintiffs from order entered 28 April 2015 by Judge Hugh B. Kearney, for defendant-appellee Adams Auto Group, Inc. and Capital One Auto Finance, Inc., Defendants. Once on the Transparency in Coverage Rule website, click on the link titled "Transparency in Coverage Rule machine-readable pricing files" to access the Table of Contents file, where you can search for files applicable to the IEH Plan using the Employer Identification Number ("EIN") for IEH Auto Parts LLC. To find and download those MRFs, please visit the BCBS Transparency in Coverage Rule website at. Links and instructions for locating the MRFs are below.īlueCross BlueShield of Alabama ("BCBS") creates and publishes the MRFs for the BCBS medical plan benefits offered under the IEH Plan. MRFs for the medical plan options offered under the IEH Plan are maintained by and hosted on the websites of the third-party administrators and insurers who administer those plan options. The MRFs include medical plan pricing information regarding in-network rates for covered items and services and out-of-network allowed amounts and billed charges for covered items and services. Transparency In Coverage: IEH Auto Parts LLC Health & Welfare Benefits Programįederal regulations known as the Transparency in Coverage Rule require the IEH Auto Parts LLC Health & Welfare Benefits Program (the "IEH Plan") to make certain machine-readable data files ("MRFs") available to the public beginning July 1, 2022.
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