Chapter 5: Bad Faith Breach of an Insurance Contract
A. Definition
B. Elements
First-Party Claim of Bad Faith Breach of Insurance Contract
1. The defendant acted unreasonably, either with knowledge that its conduct was unreasonable or in reckless disregard of whether its conduct was unreasonable
2. The defendant’s unreasonable conduct caused the plaintiff’s damages or loss
C. Elements Defined
First-Party Claim of Bad Faith Breach of Insurance Contract
D. Defenses
Absence of Insurance Contract
Comparative Negligence
Designation of Nonparty at Fault
Governmental Immunity
Preemption by Federal Law
Rescission of Insurance Contract
Statute of Limitations
E. Remedies
F. Forms
Complaint for Bad Faith Breach of Insurance Contract
Complaint for Bad Faith Breach of Insurance Contract—Failure to Pay Uninsured Motorist Benefits
