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Fourth DCA rules that failure to state whether attorney's fee were part of claim in proposal for settlement did not make proposal invalid because plaintiff had not sought attorney's fees in complaint

On January 4, 2017, in American Home Assurance Company v. D'Agostino, the Fourth DCA ruled that a defendant insurance company's failure to include a provision addressing attorney's fees in a proposal for settlement served to the plaintiff under Fla. Stat. 768.79 in a UIM case did not render the proposal defective, because that plaintiff's complaint did not allege any entitlement to attorney's fees. The Fourth DCA additionally ruled that the proposal's reference to the resolution of all "claims" as opposed to all "damages", while failing to follow the strict wording of Fla. R. Civ. P. 1.442(c)(2)(B), did not render the proposal fatally ambiguous.