FROM THE THIRTY-FIRST JUDICIAL DISTRICT COURT PARISH OF
JEFFERSON DAVIS, NO. C-0335-15 HONORABLE CRAIG STEVE GUNNELL,
Edward Ortego Martin Mayard, L.L.C. COUNSEL FOR:
Defendant/Appellee - State Farm Mutual Auto Ins. Co.
Ezell Jackson Jackson Law Firm COUNSEL FOR:
Plaintiff-Appellant - Steven Odstrcil
composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R.
Cooks, and Elizabeth A. Pickett, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE
plaintiff, Steven Odstrcil, appeals the trial court's
judgment granting a motion for summary judgment filed by the
defendant, State Farm Mutual Automobile Insurance Company
(State Farm). Finding no genuine issues of material fact, and
finding that the defendant is entitled to judgment as a
matter of law, we affirm the judgment of the trial court.
decide whether the trial court legally erred in granting
summary judgment to State Farm.
AND PROCEDURAL HISTORY
Odstrcil was injured in an automobile accident on May 27,
2014. The at-fault driver had only $15, 000.00 in coverage
with GEICO. Mr. Odstrcil had $50, 000.00 in underinsured
motorist (UM) coverage with State Farm, and $1, 000.00
medical pay coverage (MPC).
19, 2014, Mr. Odstrcil sent State Farm notice of the
accident. The following day, State Farm called Mr.
Odstrcil's attorney requesting documentation of Mr.
Odstrcil's injuries and treatment.
10, 2014, State Farm paid the ambulance bill which consumed
the MPC, and that part of the coverage was closed. United
Healthcare was paying Mr. Odstrcil's ongoing medical
bills from the accident, and it filed a subrogation claim
through a third-party administrator, Optum, seeking
reimbursement from any amounts paid to Mr. Odstrcil. After
Mr. Odstrcil had leg surgery and provided documentation of
medical causation, State Farm paid its entire policy limits
of $50, 000.00 to Mr. Odstrcil and Optum. Mr.
Odstrcil's attorney returned the check to State Farm
uncashed, as a dispute had arisen between Mr. Odstrcil and
United Healthcare/Optum over the subrogation claim. Once
State Farm received notice of the disputed amount, it paid
Mr. Odstrcil the undisputed amount of $42, 881.64. On May 21,
2015, when State Farm received notice that Optum had waived
the subrogation claim of $7, 118.36, State Farm paid the
remaining funds to Mr. Odstrcil.
bad faith in not timely paying its policy limits, Mr.
Odstrcil filed suit against State Farm on June 8, 2015,
seeking penalties and attorney fees for not having made an
unconditional tender within thirty days of receipt of
satisfactory proof of loss pursuant to La.R.S. 22:1892(A)(1).
State Farm filed a motion for summary judgment which, after
hearing, resulted in an August 4, 2016 judgment in ...