JOY COSSICH LOBRANO, Judge.
Appellant, Lincoln General Insurance Company, appeals the trial court judgment denying its motion for leave of court to file a third party demand against Clarendon America Insurance Company.
On June 28, 2005, the underlying class action lawsuit was filed, seeking damages from numerous defendants for personal injuries. The plaintiffs alleged that they suffered injuries as a result of exposure to calcium hydroxide dust from the excavation and transportation of carbide lime from Gentilly Road to Jourdan Road in New Orleans. The following is the relevant procedural history leading up to this appeal:
On October 10, 2006, Three C's Properties, Inc. was named as a defendant in this lawsuit in the plaintiffs' first supplemental and amending petition. On November 15, 2007, Three C's Properties filed a third party demand against Lincoln General and Clarendon America. In its third party demand, Three C's Properties alleged that Lincoln General and Clarendon America both had insurance policies in effect, which insured the liability of Three C's Properties for the actions and activities that allegedly resulted in damages to the plaintiffs in this lawsuit.
On September 8, 2009, the trial court issued a Case Management Order, stating that all supplemental and amending pleadings had been filed and served, and setting trial for May 17, 2010. On April 28, 2010, the trial court issued a new Scheduling Order, resetting trial of the main demand for August 30, 2010. On May 11, 2010, Lincoln General filed a motion for leave of court to file a third party demand (not the subject of the instant appeal), seeking to add sixteen new third party defendants. On June 30, 2010, the trial court denied this motion as untimely under the Case Management Order issued on September 8, 2009.
On August 30, 2010, prior to the commencement of trial of the main demand, attorneys for the plaintiffs, Three C's Properties, Lincoln General and Clarendon America announced, in open court, that a settlement had been reached among these parties, but that the settlement agreement had not yet been formally executed. On February 11, 2011, more than five months later, Lincoln General filed a motion for leave of court to file a third party demand against Clarendon America. While Lincoln General's motion was still pending, the parties to the settlement agreement, including Lincoln General, signed the same in the last week of March, 2011. The signed settlement agreement was filed in the trial court on April 19, 2011.
On May 9, 2011, the trial court rendered judgment denying Lincoln General's motion for leave of court to file a third party demand against Clarendon America. This appeal followed.
On appeal, Lincoln General argues that the trial court erred in denying
As for Lincoln General's argument that the trial court erred in denying its motion for leave of court to file a third party demand against Clarendon America, we note that La. C.C.P. article 1033 sets forth the delay for filing incidental demands, such as third party demands, as follows:
A trial court has broad discretion in deciding whether or not to allow an incidental demand to be filed after the answer to the principal demand has been filed. Blalock v. Lord, 05-0939 (La.App. 3 Cir. 2/1/06), 927 So.2d 1142.
After reviewing this record, including the relevant procedural history of this case as outlined above, we cannot say that the trial court abused its broad discretion in denying Lincoln General's motion. For that reason, we affirm the trial court judgment.