“Plaintiff claims that Defendant breached its duty to pay him for a loss or liability covered under a temporary insurance contract called an insurance binder. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant or its authorized agent agreed, orally or in writing, to provide Plaintiff with an insurance binder; 2. That Plaintiff paid/was obligated to pay for the insurance binder [or that payment was waived]; 3. That Plaintiff suffered a loss during the time the insurance binder was in effect; 4. That all or part of the loss was covered under the insurance binder/terms of the insurance policy Defendant would have issued to Plaintiff; 5. That Defendant was notified of the loss [as required by the insurance binder]; and 6. The amount of the covered loss or liability that Defendant failed to pay.”
[CACI Jury Instructions [citations omitted]]
