CACI No. VF-2304. Bad Faith (Third Party) - Refusal to Accept Reasonable Settlement Demand Within Liability Policy Limits
Judicial Council of California Civil Jury Instructions (2024 edition)
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VF-2304.Bad Faith (Third Party) - Refusal to Accept Reasonable
Settlement Demand Within Liability Policy Limits
We answer the questions submitted to us as follows:
1. Was [name of plaintiff] insured under a policy of liability
insurance issued by [name of defendant]?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
2. Did [name of claimant] make a claim against [name of plaintiff]
that was covered by [name of defendant]’s insurance policy?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
3. Did [name of claimant] make a reasonable settlement demand to
settle [his/her/nonbinary pronoun] claim against [name of plaintiff]
for an amount within policy limits?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
4. Did [name of defendant] fail to accept this settlement demand?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
5. Was [name of defendant]’s failure to accept the settlement demand
the result of unreasonable conduct by [name of defendant]?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
6. [Was a judgment entered against [name of plaintiff] for a sum of
money greater than the policy limits?]
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6. [or]
6. [Was [name of defendant]’s failure to accept the settlement
demand a substantial factor in causing harm to [name of
plaintiff]?]
6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
7. What are [name of plaintiff]’s damages?
[a. Amount of judgment entered against [name of plaintiff]
[a. $ ]
[b. Past economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other past economic loss $ ]
[b. Total Past Economic Damages: $ ]
[c. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other future economic loss $ ]
[c. Total Future Economic Damages: $ ]
[d. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[e. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[e. TOTAL $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
VF-2304 INSURANCE LITIGATION
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verdict in the courtroom.
New May 2022
Directions for Use
This verdict form is based on CACI No. 2334, Bad Faith (Third Party) - Refusal to
Accept Reasonable Settlement Demand Within Liability Policy Limits - Essential
Factual Elements.
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case.
Question 6 should be tailored to the facts of the case as presented in element 6 of
CACI No. 2334.
If specificity is not required, users do not have to itemize all the damages listed in
question 7 and do not have to categorize “economic” and “noneconomic” damages,
especially if it is not a Proposition 51 case. The breakdown of damages is optional
depending on the circumstances.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
VF-2305-VF-2399. Reserved for Future Use
INSURANCE LITIGATION VF-2304
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© Judicial Council of California.
