Supreme Court of Florida
Wachovia Ins. Servs., Inc. v. Toomey, SC06-1110
Upon certified questions from the US Court of Appeals for the Eleventh Circuit in a case arising from the termination of two employment contracts, the court answers that: 1) a settlement agreement between two parties that explicitly contains both an assignment of causes of action against a third party insurer and an immediate release of the insured on the same causes of action is valid; 2) the claim for breach of fiduciary duty arising from the relationship between the insurance broker and the insured involving allegations of failure to provide insurance coverage was also assignable as it is analogous to a cause of action for bad faith; and 3) the claim for negligent failure to procure insurance coverage should not have been dismissed as a matter of law, was assignable, and should have been submitted to the jury.
Appellate Information
- Decided 09/29/2008
- Published 09/29/2008
Judges
- PER CURIAM.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- John H. Pelzer, Donald A. Mihokovich, and Brigid F. Cech of Ruden, McClosky, Smith, Schuster, and Russell, P.A., Fort Lauderdale, FL, for Appellants.
- For Appellees:
- Lisa K. Hsiao, Romeo S. Quinto, Jr., and James F. Hibey of Howrey, LLP, Washington, D.C., and Valeria Hendricks and Cody F. Davis of Davis and Harmon, P.A., Tampa, FL, for Appellees.