Ivey v. Allstate Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that district court of appeal inappropriately exercised certiorari review where it merely disagreed with the circuit court’s interpretation of the applicable law
• holding that Allstate’s voluntary payment of additional monies after insured brought action to recover personal injury protection benefits operated as confession of judgment, thereby entitling insured to recover attorney’s fees
• holding that insurer’s payment after suit was filed operated as a confession of judgment where the insurer incorrectly reduced benefits before suit based on its erroneous assumption that treatment covered only one of two injuries
• stating that a court’s misapplication of the correct law or “erroneous interpretation of [a] law” is not a departure from the essential requirements of the law
• stating that a court’s misapplication of the correct law or “erroneous interpretation of [a] law” is not a departure from the essential requirements of the law
• stating that without controlling precedent, the Court could not conclude that the courts violated a clearly established principle of law and at worst misapplied the correct law

Source: CourtListener parenthetical corpus (CC0).