Town of Jupiter v. Sally Armes
The Town of Jupiter made a $500 proposal for settlement naming PGCS Claim Services as the payor. After the plaintiff rejected the PFS and a jury found no negligence, the Town sought attorney's fees under §768.79. The trial court denied the motion, finding the PFS ambiguous or deficient because it named PGCS as payor using the word 'contemplated.' The Fourth DCA reversed: identifying a third-party insurer as payor is a monetary term (not a prohibited nonmonetary term), 'contemplated' followed immediately by 'shall pay' created no genuine ambiguity when the PFS was read as a whole, and naming PGCS did not create an impossible condition.
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