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S & A Tire and Auto Inc. v. A.U.L. Corp.

United States District Court, E.D. Missouri, Eastern Division

January 24, 2017

S & A TIRE AND AUTO, INC. d/b/a ELLISVILLE FIRESTONE, Plaintiffs,
v.
A.U.L. CORP., Defendant.

          MEMORANDUM AND ORDER DENYING MOTION TO DISMISS OR FOR SUMMARY JUDGMENT

          DAVID D. NOCE, UNITED STATES MAGISTRATE JUDGE

         This action is before the court on the motion of defendant A.U.L. Corp. (“AUL”) to dismiss plaintiff's claims under Federal Rule of Civil Procedure 12(b)(6), or, in the alternative, for summary judgment in AUL's favor under Rule 56. (ECF No. 15). The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons set forth below, the court denies the motion.

         I. BACKGROUND

         In its Missouri state court petition (ECF No. 5) plaintiff S&A Tire and Auto, Inc. ("S&A") alleges the following. Defendant AUL provides service contracts in the automobile industry. On April 27, 2016, S & A received a facsimile transmission from defendant AUL. The fax contained a large header with AUL's logo and stated:

Online Claims available to all licensed repair facilities!
Hi Everyone, We now have 24/7/365 Online Claims available to all licensed repair facilities. This new feature available is a great tool for service departments to stay off the phone and stay in front of their customers.
Visit aulcorp.com and click on the “Online Claims” icon located at the top right to register today!
Questions contact AUL Web Support now for a web demonstration at 800.826.3204, Ext 460 or at websupport@aulcorp.com.

         Some good things to know about AUL Online Claims:

• Fast, secure, and, convenient way of filing AUL claims
• Available online 24/7, no need to get on the phone
• Smart phone or tablet capabilities .Easy access to view, edit or print claims submitted
• Upload supporting pictures or files .Ability to create online claims accounts for employees, giving you the opportunity to view all ...

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