Ill. Pattern Jury Instr. (Civil) 710.03

The plaintiff has the burden of proving all of the following propositions:

First, that as of [date on which the settlement demand within policy limits was made or, if

applicable, the date on which plaintiff’s demand for settlement within policy limits expired], there

was both a reasonable probability of a finding of liability against [name of the insured] and a

reasonable probability of a recovery against [name of the insured] in excess of the limits of its

policy’s coverage.

Second, that as of [date on which the settlement demand within policy limits was made or,

if applicable, the date on which the plaintiff’s demand for settlement within policy limits expired],

[name of insurance co mpany] had a reasonable opportunity to settle [name of injured person]’s

claim against [name of the insured] within the limits of its policy’s coverage.

[First,] [Second,] that [name of insurance company] acted or failed to act in one of the ways

claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act,

[name of insurance company] acted in bad faith with respect to [name of insured]'s interests;

[Second,] [Third,] that [name of insurance company]'s bad faith proximately caused the

judgment in excess of the policy limits to be entered against [name of insured].

Plaintiff must establish that liability in excess of the policy limits in the underlying suit

was at least more likely than not, but not necessarily a certainty.

[[Name of insurance company] has asserted the affirmative defense that [summarize

affirmative defense]. [name of insurance company] has the burden of proving this affirmative

defense.]

If you find from your consideration of all the evidence that all of the propositions required

of the plaintiff have been proved [and that the defendant's affirmative defense has not been

proved], then your verdict should be for the plaintiff. On the other hand, if you find from your

consideration of all the evidence that any of the propositions required of the plaintiff has not been

proved [or that [name of insurance company]'s affirmative defense has been proved], then your

verdict should be for [name of insurance company].