Boudreaux v. State Farm Mutual Automobile Insurance

| PATRICIA RIVET MURRAY, Judge.

The parties frame the issue presented as whether an insured that fails to specifically plead a bad faith claim against its own uninsured motorist carrier, as required by La. C.C.P. art. 861, nonetheless may maintain such claim on the basis that the insurer had notice of such claim.1 Agreeing with the insurer that such claim is precluded when not specially pled, the trial court granted summary judgment. The insured appeals. Based on our de novo review of the record, as required on summary judgment, we find the narrow issue presented to be whether the insurer was…