&BLANK& CAUSE OF ACTION
(Bad Faith Against &InsCo& and Does 1-50)
- &Client& realleges foregoing paragraphs 1 through &Blank& and incorporate them herein by reference.
- Wholly apart from the express terms of the Policy, they contain an implied-in-law covenant that &InsCo& will act in good faith and deal fairly with Plaintiff and will do nothing to interfere with the rights of Plaintiff to receive the full benefits of the Policy.
- &InsCo& has deprived Plaintiff of the Policy’ benefits without proper cause.
- &InsCo& has unreasonably breached the terms of the Policy.
- &InsCo& has acted to protect its interests while sacrificing the interests of Plaintiff.
- &InsCo& has breached its implied duties under the Policy and under law by failing to promptly, fairly and reasonably pay unconditionally for Plaintiff’s legal defense and disposition of the claims asserted by Plaintiff against them in this action and denying Plaintiff other policy benefits.
- As a result of each of &InsCo&’s breach of the insurance contracts, Plaintiff has been required to obtain counsel in order to enforce Plaintiff’s rights.
- As a direct and proximate result of &InsCo&’s failure to honor Plaintiff’s claims promptly, fairly and equitably, Plaintiff has incurred attorneys fees and costs.
- As a direct and proximate result of &InsCo&’s failure to honor Plaintiff’s claims promptly, fairly and equitably, Plaintiff will continue to incur fees and costs during the pendency of this action.
- The conduct of &InsCo& has been performed in conscious disregard of the rights of Plaintiff. Therefore, &InsCo& is liable to Plaintiff for exemplary damages imposed to punish it, to make an example of &InsCo&, and to deter it from similar conduct in the future.
- As a direct and proximate result of &InsCo&’s unreasonable breach of contract and violations of duties, Plaintiff has suffered loss, costs and fees in an amount in excess of the jurisdictional minimum of this court. Plaintiff will seek leave of court to amend this complaint to state the amount of its damages when they have been ascertained.