“Plaintiff claims that Defendant breached the obligation of good faith and fair dealing by failing to pay/delaying payment of benefits due under the insurance policy. To establish this claim, Plaintiff must prove all of the following: 1. That Plaintiff suffered a loss covered under an insurance policy with Defendant; 2. That Defendant was notified of the loss; 3. That Defendant, unreasonably failed to pay/delayed payment of policy benefits; 4. That Plaintiff was harmed; and 5. That Defendant’s failure to pay/delay in payment of policy benefits was a substantial factor in causing Plaintiff’s harm. To act or fail to act “unreasonably” means that the insurer had no proper cause for its conduct. In determining whether [Defendant acted unreasonably, you should consider only the information that Defendant knew or reasonably should have known at the time when it failed to pay/delayed payment of policy benefits.”
[CACI Jury Instructions [citations omitted]]
