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.
Key facts
- Sally Armes filed a personal injury complaint against the Town of Jupiter alleging injuries from a door on the Town's property; before trial, the Town served a $500 proposal for settlement (PFS) that included a paragraph stating 'it is contemplated that PGCS CLAIM SERVICES shall pay FIVE HUNDRED DOLLARS AND ZERO CENTS ($500.00) on behalf of [the defendant].'
- Armes rejected the PFS; after a jury trial resulting in a verdict finding no negligence by the Town, the Town moved for attorney's fees under § 768.79, Florida Statutes.
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Holdings
- A PFS must strictly comply with §768.79(2) and Fla. R. Civ. P. 1.442(c)(2). United Cab of Broward, LLC v. Muller, 397 So. 3d 80, 84 (Fla. 4th DCA 2024).
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Why it matters
Confirms that identifying an insurer or claims agent as the payor in a PFS does not transform the provision into a prohibited nonmonetary term. Defense practitioners can now more confidently name the insurer's claims… — full analysis with a trial
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