CJI-Civ. 25:2

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of bad faith breach of insurance contract, you must find all the following

have been proved by a preponderance of the evidence:

1. The plaintiff had (injuries) (damages) (losses);

2. The defendant acted unreasonably in (insert appropriate description, e.g., “denying

payment of the plaintiff’s claim”);

3. The defendant knew that its (conduct) (position) was unreasonable or the

defendant recklessly disregarded the fact that (insert applicable pronoun) (conduct)

(position) was unreasonable; and

4. The defendant’s unreasonable (conduct) (position) was a cause of the plaintiff’s

(injuries) (damages) (losses).

If you find that any one or more of these (number) statements has not been proved,

then your verdict must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.