The essential factual elements for a breach of Contractual Duty to Pay a Covered Claim are: [plaintiff ] claims that [defendant ] breached its duty to pay [him/her/it] for a loss covered under an insurance policy. To establish this claim, [plaintiff ] must prove all of the following: 1. That [plaintiff ] suffered a loss, [all or part of] which was covered under an insurance policy with [defendant ]; 2. That [defendant ] was notified of the loss [as required by the policy]; and 3. The amount of the covered loss that [defendant ] failed to pay. (CACI 2300)
If you have insurance and have been sued or do not have insurance, call Charles P. Charlton for a free consultation immediately at (310) 651-9906.