710.03. Insurance Bad Faith-Burden of Proof

710.03 Insurance Bad Faith--Burden of Proof The plaintiff has the burden of proving all of the following propositions: [First, 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.] [First,] [Second,] that [name of insurance company] acted or failed to act in one of the ways claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act, [name of insurance company] [was negligent] [or] [acted in bad faith] with respect to [name of insured]'s interests; [Second,] [Third,] that [name of insurance company]'s [negligence] [or] [bad faith] proximately caused the judgment in excess of the policy limits to be entered against [name of insured]. [[Name of insurance company] has asserted the affirmative defense that [summarize affirmative defense]. [Name of insurance company] has the burden of proving this affirmative defense.] If you find from your consideration of all the evidence that all of the propositions required of the plaintiff have been proved [and that the defendant's affirmative defense has not been proved], then your verdict should be for the plaintiff. On the other hand, if you find from your consideration of all the evidence that any of the propositions required of the plaintiff has not been proved [or that [name of insurance company]'s affirmative defense has been proved], then your verdict should be for [name of insurance company].