Free Proposed Jury Instructions - District Court of Arizona - Arizona

6.8 Principal Sued But Not Agent - No Issue As To Agency Or Authority

Ken Ridolfi was the agent of the defendant State Farm Fire & Casualty Company and therefore any act or omission of Ken Ridolfi was the act or omission of State Farm Fire & Casualty Company.

Source: 9th Circuit Model Civil Jury Instructions 6.8

Case 2:03-cv-01415-ROS

Document 175-2

Filed 06/26/2006

Page 1 of 3

Continuing Duty of Good Faith

An insurance carrier owes the continuing duty of good faith and fair dealing to its insured as to any covered claim for damages even after the institution of suit regarding the insurance carrier's liability to pay related damages or claims.

Source: Tucson Airport Auth. v Certain Underwriters at Lloyds, 186 Ariz. 45, 48 (Arizona Court of Appeals 1996); White v Western Title Ins. Co., 40 Cal. 3d 870, 221 Cal. Rptr. 509, 710 P.2d 309 (1985).

Case 2:03-cv-01415-ROS

Document 175-2

Filed 06/26/2006

Page 2 of 3

Alternate Proposed Instruction Regarding Insurance Carrier's Continuing Duty of Good Faith and Fair Dealing The insurer's contractual duties and duties of good faith and fair dealing are not terminated when the insured institutes suit regarding its obligations under its contract of insurance.

Source: Tucson Airport Auth. v Certain Underwriters at Lloyds, 186 Ariz. 45, 48 (Arizona Court of Appeals 1996); White v Western Title Ins. Co., 40 Cal. 3d 870, 221 Cal. Rptr. 509, 710 P.2d 309 (1985).

Case 2:03-cv-01415-ROS

Document 175-2

Filed 06/26/2006

Page 3 of 3