Fields

This is an appeal by defendants Mark S. Fields and Growers Insurance Agency from a judgment in favor of plaintiff Xum Speegle, Inc., in an action for unfair competition and breach of fiduciary duty.

In this suit, defendant Fields was charged with wrongfully breaching his fiduciary duty as a director and officer of plaintiff corporation by establishing defendant Growers Insurance Agency, a corporation, and by entering into direct competition, in the general insurance business, with plaintiff; and further, that he had by means of confidential information obtained during his long association with plaintiff, openly, persistently and continuously solicited its customers and had thereby diverted them to defendant Growers. Plaintiff prayed for a temporary and permanent injunction restraining defendants from continuing to compete against plaintiff; for an order requiring defendants to deliver to plaintiff all documents pertaining to plaintiff’s business; for an order impressing a trust in plaintiff’s favor upon all insurance policies written by defendants ; for an accounting; and for damages in the amount of $500,000.

Defendants denied the material allegations of the complaint, and…