California Civil Jury Instructions (CACI) (2017)

2300. Breach of Contractual Duty to Pay a Covered Claim—Essential Factual Elements

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2300.Breach of Contractual Duty to Pay a Covered
Claim—Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] breached its duty to
pay [him/her/it] for a loss covered under an insurance policy. To
establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of plaintiff] suffered a loss, [all or part of] which was
covered under an insurance policy with [name of defendant];
2. That [name of defendant] was notified of the loss [as required by
the policy]; and
3. The amount of the covered loss that [name of defendant] failed to
pay.
New September 2003
Directions for Use
The instructions in this series assume the plaintiff is the insured and the defendant
is the insurer. The party designations may be changed if appropriate to the facts of
the case.
This instruction is intended for first party coverage claims. Use the bracketed
language in element 2 if the jury is required to resolve a factual dispute over
whether the manner in which the insurer received notice conformed to the policy
requirements for notice. For a claim arising under an insurance binder rather than
an issued policy, see CACI No. 2301, Breach of Insurance Binder—Essential
Factual Elements. If the policy at issue has been lost or destroyed, read CACI
No. 2305, Lost or Destroyed Insurance Policy. For instructions on general breach
of contract issues, see the Contracts series (CACI No. 300 et seq.).
Sources and Authority
• “Wrongful failure to provide coverage or defend a claim is a breach of
contract.” (Isaacson v. California Insurance Guarantee Assn. (1988) 44 Cal.3d
775, 791 [244 Cal.Rptr. 655, 750 P.2d 297].)
Secondary Sources
Croskey et al., California Practice Guide: Insurance Litigation (The Rutter Group)
¶¶ 15:52, 15:924
2 California Liability Insurance Practice: Claims & Litigation (Cont.Ed.Bar)
General Principles of Contract and Bad Faith Actions, §§ 24.2, 24.23
6 Levy et al., California Torts, Ch. 82, Claims and Disputes Under Insurance
Policies, § 82.50[2][c] (Matthew Bender)
26 California Forms of Pleading and Practice, Ch. 308, Insurance (Matthew
Bender)
1241
0003
12 California Points and Authorities, Ch. 120, Insurance, §§ 120.83, 120.90,
120.115 (Matthew Bender)
CACI No. 2300 INSURANCE LITIGATION
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0004