710.05. Insurance Bad Faith-Factors To Be Considered in Determining Breach of Duty

710.05 Insurance Bad Faith--Factors To Be Considered in Determining Breach of Duty In determining whether [name of insurance company] [acted in bad faith] [or] [was negligent] in failing to settle [name of injured person]'s claim against name of insured within the policy limits, you may consider what the evidence shows concerning the following factors: 1. What [name of insurance company] [and its agent[s]] knew or should have known concerning the probability of a verdict in favor of [name of injured person] if [name of injured person]'s claim against [name of insured] was not settled, and what [name of insurance company] [and its agent[s]] knew or should have known concerning the amount by which such a verdict might or might not exceed the policy limits; [2. The willingness of [name of insurance company]'s [and its agent's[s']] and [name of injured person] to negotiate;] [3. The reasonableness of the negotiating parties' conduct during the negotiations;] [4. The extent of [name of insurance company]'s [and its agent's[s']] investigation of [name of injured person]'s claim;] [5. [Name of insurance company]'s proper consideration of, or its failure to properly consider, the advice of counsel;] [6. [Insert here any other factor or factors which the court rules are supported by the evidence and are legally relevant to a determination of the insurer's bad faith or negligence.] ]