McCormick v. Allstate Insurance

How courts have described this case

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

• holding that underlying factual findings are reviewed using a clearly erroneous standard
• observing that “attorney fees are not ordinarily recoverable in simple actions on a contract”
• explaining that under the authority of Hayseeds and its progeny, “if the insured suing an insurer ... substantially prevails” the insurer is liable for certain consequential damages
• “a clear predicate to recovering punitive damages in a Hayseeds claim is that the plaintiff ‘substantially prevail’ on his underlying daim”
• \a clear predicate to recovering punitive damages in a Hayseeds claim is that the plaintiff `substantially prevail' on his underlying claim\
• “To recover attorney fees and net economic loss damages and damages for aggravation and inconvenience under [.Hayseeds and its progeny], it is not necessary that a plaintiff show bad faith”.

Source: CourtListener parenthetical corpus (CC0).