United States Eleventh Circuit

In a diversity action for breach of fiduciary duties and negligence, judgment awarding plaintiff-assignees money damages for breach of fiduciary duty but finding in favor of defendant-insurance company on the other claims, is affirmed in part, reversed in part, and remanded where: 1) the settlement agreement properly assigned the cause of action against defendant to plaintiffs because the assignment was done simultaneously with the release of assignor from all liability; 2) the claim for breach of fiduciary duty against defendant was comparable to a bad faith claim and was assignable; and 3)the negligence claim was assignable to plaintiffs and should have been submitted to the jury.

Appellate Information

• Decided 10/28/2008
• Published 10/28/2008

Judges

Court

• United States Eleventh Circuit

Counsel