710.02. Insurance Bad Faith-Issues Made by the Pleadings

710.02 Insurance Bad Faith--Issues Made by the Pleadings [The plaintiff claims that [name of insurance company] had a reasonable opportunity to settle [name of injured person]'s claim against [name of insured] within the policy limits.] The plaintiff [further] claims that in failing to settle [name of injured person]'s claim against [name of insured] within the policy limits, [name of insurance company] [was negligent] [or] [acted in bad faith] in one or more of the following respects: [Set forth in simple form without undue emphasis or repetition those allegations of the complaint as to the bad faith or negligence of the insurance company which have not been withdrawn or ruled out by the court and are supported by the evidence.] The plaintiff further claims that one or more of the foregoing proximately caused the judgment in excess of the policy limits to be entered against [name of insured]. [Name of insurance company] [denies that it did any of the things claimed by the plaintiff,] denies that it was [negligent] [or] [acted in bad faith] in doing any of the things claimed by the plaintiff, and denies that any claimed act or omission on the part of [name of insurance company] proximately caused the judgment in excess of the policy limits to be entered against [name of insured]. [[Name of insurance company] also sets up the following affirmative defense[s]:] [Here set forth in simple form without undue emphasis or repetition those affirmative defenses (except contributory negligence) in the answer which have not been withdrawn or ruled out by the court and are supported by the evidence.] [The plaintiff denies that [summarize affirmative defense[s]].]