In 2000, the Berliants bought a liquor store. They purchased a business and umbrella liability policy from Victoria Gittlen, a licensed insurance agent. In 2001, beer was sold to a minor who drove his car into a cement barrier, killing his passenger. The passenger's father (Webb) filed a wrongful death claim against the Berliants. The Berliants tendered the claim to their insurance company, which refused to defend because there was no liquor liability coverage on the policy. The Berliants stipulated to the entry of a $3 million judgment; Webb agreed not to execute on the judgment and, in exchange, the Berliants assigned to Webb their rights to sue both their insurer and their insurance agent and her employers. Webb then sued Gittlen, alleging negligence and breach of fiduciary duty, for failing to advise the Berliants that they could purchase liquor liability coverage. The trial court dismissed these claims.