Faith A. Boudoin v. Safeco Insurance Company Of Oregon, Amex Assurance Company, Allstate Property And Casualty Insurance Company, Teresa Fuhrman, And Trent R. Furhman

Supreme Court of Louisiana
June 01, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
FAITH A. BOUDOIN
VS.
SAFECO INSURANCE COMPANY OF
OREGON, AMEX ASSURANCE COMPANY,
ALLSTATE PROPERTY AND CASUALTY
INSURANCE COMPANY, TERESA FUHRMAN,
AND TRENT R. FURHMAN
No. 2022-CC-00402
_ _
_ _ _ _
I
N RE: Faith A. Boudoin - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 759- 719, Court of
Appeal, Fifth Circuit, Number(s) 21-C-722;
_ _ _ _ _ _
June 01, 2022
Writ application granted. See per curiam.
Crain, J., dissents and assigns reasons.
JTG
JLW
JDH
SJC
JBM
PDG
06/01/2022 "See News Release 025 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-CC-00402
FAI
TH A. BOUDOIN
VS.
SAFECO INSURANCE COMPANY OF OREGON, AMEX ASSURANCE
COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE
COMPANY, TERESA FUHRMAN, AND TRENT R. FURHMAN
O
N SUPERVISORY WRIT TO THE 24TH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON
W
RIT GRANTED.
T
he trial court abused its discretion in denying plaintiff’s motion for leave to
amend her petition to add a bad faith claim against an alleged
uninsured/underinsured motorist (“UM”) insurer.
In its reasons for judgment, the trial court relied on the deadline set in its
scheduling order pursuant to its status conference, which set the deadline “to add
additional parties.” Here, plaintiff is not seeking to add the UM insurer as an
additional party, but is seeking to add a bad faith claim against said insurer, which
is an existing party. There was no deadline in the trial court’s order relative to adding
claims against existing parties, nor did the trial court establish any other pre -trial
deadlines, motions deadlines, discovery deadlines, or even a trial date.
Additionally, an amendment to pleadings is liberally construed and liberally
allowed if the mover is acting in good faith. La.Code Civ.P. art. 1155;
Noel v. Noel,
15-37, p. 17 (La.App. 3 Cir. 5/27/15), 165 So.3d 401, 414, writ denied sub nom, 15-
1121 (La. 9/18/15), 178 So.3d 147; Barringer v. Robertson, 15-698, p. 10 (La.App.
1 Cir. 12/2/15), 216 So.3d 919, 926-27, writ denied, 16-10 (La. 2/26/16), 187 So.3d
1004. There was no evidence of bad faith or prejudice herein.
06/01/2022

The lower court’s denial of plaintiff’s motion for leave to amend her petition
to add a bad faith claim against the alleged UM insurer, an existing party, is reversed.
Plaintiff’s motion for leave to amend her petition is granted. The matter is remanded
for further proceedings consistent herewith.