404.5 Medical Malpractice Insurers Bad Faith Failure to Settle

404.5 Medical Malpractice Insurer's Bad Faith Failure To Settle In determining whether (defendant) acted in bad faith, you shall consider the following factors or circumstances: (defendant)'s willingness to negotiate with (claimant) in anticipation of settlement, the propriety of (defendant)'s methods of investigating and evaluating the claim of (claimant), whether (defendant) timely informed (insured) of an offer to settle within the limits of coverage, the right to retain personal counsel, and the risk of litigation, whether (insured) denied liability or requested that the case be defended after (defendant) fully advised (insured) as to the facts and risks, whether (claimant) imposed any condition, other than the tender of the policy limits, on the settlement of the claim, whether (claimant) provided relevant information to (defendant) on a timely basis, whether and when other defendants in the case settled or were dismissed from the case, whether there were multiple claimants seeking, in the aggregate, compensation in excess of policy limits from (insured) or from (defendant), whether (insured) misrepresented material facts to (defendant) or made material omissions of fact to (defendant), and (list such additional factors as the court may determine to be relevant).