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United States Eleventh Circuit


Toomey v. Wachovia Ins. Servs., Inc., 05-13242

Issues arising in appeal from jury verdict in favor of plaintiffs for breach of a fiduciary duty owed by defendant, and dismissal of plaintiffs' other claims, requires certification of following questions to Florida Supreme Court: 1) What is the effect of 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?; 2) Can a claim for breach of fiduciary duty against an Insurance broker be assigned?

Appellate Information

  • Decided 05/30/2006
  • Published 05/30/2006

Judges

  • PER CURIAM:, Before TJOFLAT, BARKETT and GOODWIN, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellees:
  • John H. Pelzer, Ruden, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, FL, Donald A. Mihokovich, Ruden, McClosky, Smith, Schuster & Russell, P.A., Tampa, FL, for Defendants-Appellants Cross-Appellees., James F. Hibey, Lisa K. Hsiao, Romeo S. Quinto, Jr., Howrey LLP, Washington, DC, for Plaintiffs-Appellees Cross-Appellants.
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