Whritenour v. Thompson
145 So. 3d 870
Fla. Dist. Ct. App.2014Background
- Whritenour sued Thompson for negligence following a July 2011 car accident; Thompson had $300,000 bodily injury liability coverage.
- Thompson’s insurer provided defense counsel; Thompson filed Chapter 7 bankruptcy and listed Whritenour’s claim as > $1,000,000; an automatic stay issued.
- Bankruptcy court modified the stay to allow Whritenour to prosecute her claims against Thompson only to pursue the insurer, not Thompson personally; it said Whritenour must seek further relief to pursue an excess-judgment claim against the insurer.
- At summary judgment, Thompson argued (without sworn evidence) that Whritenour’s recovery was limited to the $300,000 policy and that Camp controlled; the trial court granted final summary judgment compelling acceptance of policy limits and denied a jury determination of damages.
- The trial court relied on the asserted inability to pursue a bad-faith action post-bankruptcy as a basis to limit recovery; Whritenour appealed, arguing she was entitled to a jury on negligence and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment limiting recovery to insurer’s policy limits was proper | Whritenour: bad-faith viability is not a basis to cut off a jury trial; she may pursue full damages and later pursue bad-faith if warranted | Thompson: bankruptcy discharge and Camp limit plaintiff to policy limits absent an existing bad-faith claim before discharge | Reversed: court held summary judgment was improper; plaintiff entitled to jury trial on negligence and damages |
| Whether a plaintiff can be compelled to accept insurer policy limits pretrial because insured filed bankruptcy | Whritenour: cannot be compelled to accept limits; bankruptcy does not extinguish right to jury-determined damages | Thompson: insured’s bankruptcy and trustee’s role in bad-faith claims limit plaintiff’s remedies to policy limits | Court: bankruptcy filing/discharge is not a legal basis to force acceptance of policy limits; plaintiff may try case and liquidate damages |
| Whether viability of a bad-faith claim can be resolved on summary judgment in the negligence action | Whritenour: bad-faith is a separate claim that arises only after an excess judgment; not relevant to negligence SJ | Thompson: argued lack of ability to prove bad-faith justifies limiting damages | Court: bad-faith is distinct and premature until a judgment establishes excess liability; not a ground for summary judgment in negligence case |
| Applicability of Camp to bar recovery beyond policy limits post-bankruptcy | Whritenour: Camp does not stand for automatic limitation; Camp allowed pursuit and recovery and preserved bad-faith claims | Thompson: Camp authorizes limiting recovery absent pre-discharge bad-faith action | Court: Camp does not support limiting negligence damages to policy limits; its holding is narrower and not controlling here |
Key Cases Cited
- Camp v. St. Paul Fire & Marine Ins. Co., 616 So.2d 12 (Fla. 1993) (bankruptcy trustee may pursue insurer bad-faith; does not automatically bar excess recovery)
- Cunningham v. Standard Guar. Ins. Co., 630 So.2d 179 (Fla. 1994) (bad-faith claim ordinarily arises only after judgment in excess of policy limits)
- Clay Elec. Coop., Inc. v. Johnson, 873 So.2d 1182 (Fla. 2003) (summary judgment standard and need to resolve doubts for nonmoving party)
- Jiminez v. Faccone, 98 So.3d 621 (Fla. 2d DCA 2012) (standard of appellate review for summary judgment)
- Jackson Hewitt, Inc. v. Kaman, 100 So.3d 19 (Fla. 2d DCA 2011) (elements of negligence and summary judgment principles)