Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 254-12

Filed 09/14/2007

Page 1 of 2

Non-Stip P-03 INSTRUCTION NO. _____ The statutes of Colorado prohibit an insurance company from willfully failing to conduct a reasonable investigation based upon all available information, failing to acknowledge and act promptly upon communications regarding claims, failing to affirm or deny coverage within a reasonable time, failing to settle claims in which liability has become reasonably clear, failing to promptly settle a claim where liability has become clear under one portion of the policy in order to influence settlements under other portions of the policy, compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered, and failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim. You may consider any such conduct in determining whether the defendant acted unreasonably in denying and/or delaying payment if you find that: 1. 2. The Defendant willfully engaged in such conduct; Such conduct caused or contributed to the Defendant's denial or delay of payment of Plaintiffs' insurance claim; and 3. Such conduct caused or contributed to Plaintiffs' claimed damages.

Case 1:00-cv-02098-REB-MJW

Document 254-12

Filed 09/14/2007

Page 2 of 2

CO-JICIV 25:4 (4th ed.), as modified/ C.R.S § 10-3-1104(1)(h)(II), (IV), (V), (VI), (VII) (XIII), ((XIV).