Diana Velez v. GEICO Casualty Company

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