CACI No. 2350

If you decide that [name of plaintiff] has proved [his/her/ nonbinary

pronoun/its] claim against [name of defendant], you also must decide how

much money will reasonably compensate [name of plaintiff] for the harm.

This compensation is called “damages.”

The amount of damages must include an award for all harm that was

caused by [name of defendant], even if the particular harm could not have

been anticipated.

[Name of plaintiff] must prove the amount of [his/her/ nonbinary pronoun/

its] damages. However, [name of plaintiff] does not have to prove the

exact amount of damages that will provide reasonable compensation for

the harm. Y ou must not speculate or guess in awarding damages.

The following are the specific items of damages claimed by [name of

plaintiff]:

1. [Mental suffering/anxiety/humiliation/emotional distress;] [and]

2. [The cost of attorney fees to recover the insurance policy

benefits;] [and]

3. [Insert other applicable item of damage.]

[No fixed standard exists for deciding the amount of damages for [insert

item of mental or emotional distress]. Y ou must use your judgment to

decide a reasonable amount based on the evidence and your common

sense.]

[To recover for future [insert item of mental or emotional distress], [name

of plaintiff] must prove that [he/she/ nonbinary pronoun] is reasonably

certain to suffer that harm.]

[To recover attorney fees [name of plaintiff] must prove that because of

[name of defendant]’s breach of the obligation of good faith and fair

dealing it was reasonably necessary for [him/her/ nonbinary pronoun/it] to

hire an attorney to recover the policy benefits. [Name of plaintiff] may

recover attorney fees [he/she/ nonbinary pronoun/it] incurred to obtain

policy benefits but not attorney fees [he/she/ nonbinary pronoun/it]

incurred for other purposes.]

New September 2003