Richard L. Toomey v. Wachovia Insurance Services

In this diversity action, Wachovia Insurance Services, Inc., Davis Baldwin, Inc., a division of Wachovia Insurance Services, Inc., and Joel Williams, an officer/employee of Wachovia Insurance Services, Inc. (together ‘Wachovia”), appeal the $1,069,200 jury verdict in favor of Brian Holman and Richard Toomey for breach of a fiduciary duty owed by Wachovia to IMC Mortgage Company (“IMC”). In a previous settlement agreement between IMC and Holman and Toomey, IMC assigned its right to sue Wachovia and to receive damages to Holman and Toomey.

Holman and Toomey cross-appeal, 1 arguing that the…