OUJI-CIV No. 22.2

BAD FAITH --- FIRST PARTY INSURANCE --- FAILURE TO PAY CLAIM OF

INSURED

[Plaintiff] claims that [the Insurer] viol ated its duty of good faith and fair dealing

by unreasonably, and in bad faith, refusing to pay [Plaintiff] the proper amount for a valid

claim under the insurance policy. In order for [Plaintiff] to recover damages in this case,

[he/she] must show by the greater weight of the evidence that:

1. [The Insurer] was required under the insurance policy to pay [Plaintiff's] claim;

2. [The Insurer's] refusal to pay the claim in full was unreasonable under the

circumstances, because [for example, that 1) it did not perform a proper

investigation, 2) it did not evaluate the results of the investigation properly, 3)

OUJI 3d (Rev. 2009) Chapter 22

it had no reasonable basis for the refusal, or 4) the amount it offered to satisfy

the claim was unreasonably low];

3. [The Insurer] did not deal fairly and in good faith with [Plaintiff]; and

4. The violation by [The Insurer] of its duty of good faith and fair dealing was

the direct cause of the injury sustained by [Plaintiff].