Mr. Toomey and Mr. Holman sued Wachovia in federal court, claiming breach of fiduciary duties, among other things. Wachovia had formerly been the insurance broker for IMC, a company that had reached a settlement with Mr. Toomey and Mr. Holman in an earlier lawsuit. Part of the Wachovia lawsuit was dismissed by the judge; the part that went to trial resulted in a $1 million verdict for Mr. Toomey and Mr. Holman. Both sides appealed to the 11th U.S. Circuit Court of Appeals, which has asked this Court to answer two questions dealing with whether a claim for breach of fiduciary duty against an insurance broker can be assigned under Florida law.