Robinson and her husband were injured when an uninsured drunk driver rear-ended their car and then fled the scene. They offered to settle with their insurance company for $35,000, but Nationwide countered with an offer of $20,000. When the case went to trial, the jury awarded the Robinsons $243,900 compensation plus $250,000 in punitive damages because of the drunk driver's conduct. Because of lengthy court proceedings and appeals, the Robinsons later sought to have Nationwide pay their legal fees and costs. The trial court agreed and awarded $444,535 in fees and costs. The Fourth District Court of Appeal reversed on grounds that the initial $35,000 settlement offer had not been properly made.