Diana Velez v. GEICO Casualty Company

Opinion

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

DEPUTY L RK OF COURT FOR THE COURT