“Plaintiff claims he was harmed by Defendant’s breach of the obligation of good faith and fair dealing because Defendant failed to defend Plaintiff in a lawsuit that was brought against him. To establish this claim, Plaintiff must prove all of the following: 1. That Plaintiff was insured under an insurance policy with Defendant; 2. That a lawsuit was brought against Plaintiff; 3. That Plaintiff gave Defendant timely notice that he had been sued; 4. That Defendant, unreasonably, that is, without proper cause, failed to defend Plaintiff against the lawsuit; 5. That Plaintiff was harmed; and 6. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
