CACI No. 2332

Claim—Essential Factual Elements

[Name of plaintiff] claims that [name of defendant] acted unreasonably,

that is, without proper cause, by failing to conduct a proper investigation

of [his/her/ nonbinary pronoun/its] claim. To establish this claim, [name of

plaintiff] must prove all of the following:

1. That [name of plaintiff] suffered a loss covered under an insurance

policy issued by [name of defendant];

2. That [name of plaintiff] properly presented a claim to [name of

defendant] to be compensated for the loss;

3. That [name of defendant], failed to conduct a full, fair, prompt,

and thorough investigation of all of the bases of [name of

plaintiff]’s claim;

4. That [name of plaintiff] was harmed; and

5. That [name of defendant]’s failure to properly investigate the

claim was a substantial factor in causing [name of plaintiff]’s

harm.

When investigating [name of plaintiff]’s claim, [name of defendant] had a

duty to diligently search for and consider evidence that supported

coverage of the claimed loss.

New September 2003; Revised December 2005, December 2007, April 2008,

December 2015, June 2016