DIAMOND V. AUTOMOBILE INSUR.

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2005 KEITH DIAMOND and DEBORAH DIAMOND, vs. Appellants/ Cross-Appellees, ** ** ** CASE NO. 3D03-1206 ** THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CT., et al., ** Appellees/ ** Cross-Appellants. LOWER TRIBUNAL CASE NO. 99-20328 Opinion filed January 19, 2005. An Appeal from the Circuit Court for Miami-Dade County, Margarita Esquiroz, Judge. Ginsberg & Schwartz and Arnold R. Dondero, for appellants/cross-appellees. Ginsberg; Simon & Hinshaw & Culbertson and Gina Caruso Albanese and Andrew Grigsby and Marissa I. Delinks (Ft. Lauderdale), for appellees/cross-appellants. Before GREEN, FLETCHER, and WELLS, JJ. ON MOTION FOR REHEARING and MOTION FOR CLARIFICATION PER CURIAM. The opinion filed October 27, 2004 is withdrawn, and the following is substituted in its place. We reverse Automobile the Insurance trial Company court s of order Hartford, which Ct. s struck The proposal for settlement in an action by the Diamonds under a valuable items policy. See U.S. Security Ins. Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3d DCA 2000), rev. dismissed, 796 So. 2d 532 (Fla. 2001)(The offer of judgment statute applies to all civil actions for damages.). The motion for clarification is denied. Reversed and remanded for further proceedings consistent herewith. 2

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