Louisiana provides only limited bad faith causes of action against insurers on third party claims. Bad faith claims are mostly limited to first party claims under the policy. The plaintiff in Lee v. Sapp, 17-490 (4th Cir. 12/6/17), made a novel argument.
The case involved a motor vehicle accident. The alleged tortfeasor, the other driver, was insured by State Farm. Coincidentally, State Farm was also the plaintiff’s automobile liability insurer. Plaintiff did not have UM coverage, and his claims were made strictly against State Farm as the other driver’s insurer. No claim was made under his policy.
In Jack v. Eldorado Casino, et al, 52, 454 (2nd Cir. 1/16/19), a casino patron complained that as she was playing a slot machine, a beverage server spilled hot coffee on her. This caused her to jump and twist suddenly out of her chair. She allegedly suffered a low back injury as a result.
The plaintiff was awarded $245,000.00 in general damages for her injuries. Prior to trial, she had undergone a two level lumbar fusion with the placement of artificial discs. Her past medicals were $237,124.79.