Opinion
NO. 2020 CW 1093
11-10-2020
DIANA VELEZ v. GEICO CASUALTY COMPANY
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, 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 after the 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 /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT