CACI VF-2301 Breach of the Implied Obligation of Good Faith and Fair Dealing—Failure or Delay in Payment

California Civil Jury Instructions CACI

VF-2301 Breach of the Implied Obligation of Good Faith and Fair Dealing—Failure or Delay in Payment


We answer the questions submitted to us as follows:

1.Did [name of plaintiff] suffer a loss covered under an insurance policy with [name of defendant]?

 Yes     No

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

2.Was [name of defendant] notified of the loss?

 Yes     No

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

3.Did [name of defendant] [fail to pay/delay payment of] policy benefits?

 Yes     No

If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

4.Was [name of defendant]’s [failure to pay/delay in payment of] policy benefits, unreasonable or without proper cause?

 Yes     No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.Was [name of defendant]’s [failure to pay/delay in payment of] policy benefits a substantial factor in causing harm to [name of plaintiff]?

 Yes     No

If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

6.What are [name of plaintiff]’s damages?

[a.Past economic loss

[lost earnings  $]

[lost profits  $]

[medical expenses  $]

[other past economic loss  $]

Total Past Economic Damages: $]

[b.Future economic loss

[lost earnings  $]

[lost profits  $]

[medical expenses  $]

[other future economic loss$]

Total Future Economic Damages: $]

[c.Past noneconomic loss, including [physical
pain/mental suffering:]  $]

[d.Future noneconomic loss, including [physical
pain/mental suffering:]  $]

TOTAL $

Signed:Presiding Juror
Dated:

After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.


New September 2003; Revised April 2007, December 2007, April 2008, December 2010, December 2016


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Directions for Use

This verdict form is based on CACI No. 2331, Breach of the Implied Obligation of Good Faith and Fair Dealing—Failure or Delay in Payment (First Party)Essential Factual Elements.

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

If specificity is not required, users do not have to itemize all the damages listed in question 6 and do not have to categorize “economic” and “noneconomic” damages, especially if it is not a Proposition 51 case. The breakdown of damages is optional depending on the circumstances.

If punitive damages are claimed, combine this form with the appropriate verdict form numbering from VF-3900 to VF-3904.

If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.

If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.