Diana Velez v. GEICO Casualty Company ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DIANA VELEZ NO. 2020 CW 1093
VERSUS
GEICO CASUALTY COMPANY NOVEMBER 10, 2020
In Re: Geico Casualty Company, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 201712006.
BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.
WRIT GRANTED. The trial court' s October 21, 2020 judgment
is reversed to the extent it denied the motion in limine filed
by defendant, Geico Casualty Company, as to evidence of post-
petition events related to the bad faith claim. A supplemental
petition is filed in order to set forth items of damage or
causes of action which have become exigible since the date of
filing the original petition and which are related to or
connected with the causes of action asserted therein. La. Code
Civ. P. art. 1155; Aymond v. Citizens Progressive Bank, 52, 623
La. App. 2d Cir. 6/ 26/ 19), 277 So. 3d 477, 487, writ denied, T
2019- 1200 ( La. 10/ 15/ 19), 280 So. 3d 602. In this case, no
supplemental petition was filed to assert a cause of action
against defendant pursuant to La. R. S. 22: 1892 or R. S. 22: 1973
for acts which occurred the
after
filing of the original
petition.
Accordingly, we find the trial court abused its
discretion, the motion in limine is granted in part, and
evidence of post- petition events related to the bad faith claim
is excluded.
JMM
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY L RK OF COURT
FOR THE COURT