BOUDOIN v. SAFECO INSURANCE COMPANY OF OREGON AMEX (2022)

Writ application granted. See per curiam.

WRIT GRANTED.

The 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.

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.

La. C.C.P. art. 1151 provides that after an answer has been filed, the petition and answer may be amended only by leave of court or by written consent of the adverse party. The decision to grant or deny an amendment is within the sound discretion of the trial judge, and the judge's ruling will not be disturbed on appeal unless there has been an abuse of this broad discretion. See Giron v. Housing Authority of City of Opelousas, 393 So.2d 1267, 1270 (La. 1981). Here, the trial court denied plaintiff's request for leave to add bad faith allegations against RLI Insurance Company. On the record presented, in the absence of a ranking of the applicable insurance policies, I cannot say that the trial court abused its broad discretion in denying leave to file the amending petition.

Crain, J., dissents and assigns reasons.