O'MALLEY v. Nationwide Mut. Fire Ins. Co.

How courts have described this case

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

• applying the confession of judgment rule because, by providing a defense and settling the underlying tort claim the insurer “provided the insured precisely what [the insurer] was contending the insured was not entitled to in the declaratory action.”
• The insurer provided a defense and settled the third-party claim, thereby providing the insured the precise relief the insurer claimed the insured was not entitled to
• “When [the insurer] dismissed the declaratory action, it was thus the ‘functional equivalent of a confession of judgment or a verdict in favor of the insured’ in the declaratory action.” (quoting Wollard v. Lloyd’s & Companies of Lloyd’s, 439 So. 2d 217, 218 (Fla. 1983))

Source: CourtListener parenthetical corpus (CC0).