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NATIONWIDE MUT. FIRE INS. CO. v. POLLINGER

No. 4D09-4383.

42 So.3d 890 (2010)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Lawrence POLLINGER, Appellee.

District Court of Appeal of Florida, Fourth District.

August 18, 2010.

Attorney(s) appearing for the Case

Richard A. Sherman, Sr. and James W. Sherman of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale , and Ansley Ellmeyer of Law Offices of Patricia E. Garagozlo, West Palm Beach, for appellant.

David T. Aronberg of Law Offices of Aronberg & Aronberg, Delray Beach, for appellee.

GROSS, C.J.

We affirm the circuit court's ruling finding a proposal for settlement to be ambiguous so that it could not support an award of attorney's fees under the offer of judgment statute.

Appellee, Lawrence Pollinger, filed a two-count action against Nationwide Mutual Fire Insurance Company, containing a personal injury protection (PIP) claim and a count seeking uninsured motorist (UM) benefits. Nationwide hired one law firm, Wicker Smith, to defend the...

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