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BOUDREAUX v. STATE FARM MUT. AUTO. INS. CO.

No. 2002-CA-0411.

825 So.2d 558 (2002)

Catherine F. BOUDREAUX and Jarrod P. Boudreaux v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Doris Amador.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 17, 2002.

Attorney(s) appearing for the Case

Robert L. Hackett, Law Office of Robert L. Hackett, New Orleans, LA, for Plaintiffs/Appellants.

Fred M. Trowbridge, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, LA, for Defendants/Appellees.

(Court composed of Chief Judge WILLIAM H. BYRNES III, Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY).

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...

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