CACI No. 2300. Breach of Contractual Duty to Pay a Covered Claim - Essential Factual Elements

Judicial Council of California Civil Jury Instructions (2020 edition)

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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/nonbinary pronoun/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)
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Copyright Judicial Council of California
26 California Forms of Pleading and Practice, Ch. 308, Insurance (Matthew Bender)
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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Copyright Judicial Council of California

© Judicial Council of California.