On Dec. 13, 1994 while walking down the street, Ivey was struck by a vehicle driven by someone insured by Allstate. Ivey filed a timely claim with Allstate for $710 in medical expenses. Due to an error, Allstate declined to pay an additional $106.40 it actually owed, and Ivey sued. Allstate discovered the error during pretrial depositions and paid the additional amount. Ivey continued the suit seeking attorneys fees a costs. The trial court denied them, but the appellate division of the Circuit Court reversed. On appeal, the Third District Court ordered the trial court's judgment reinstated.