What are the elements of a breach of contract claim in an insurance litigation case?

In an insurance litigation case, a breach of contract claim may be made when an insurance company does not fulfill its obligations as outlined in the policy. In order for a claim to be successfully made, there must be evidence of four elements that demonstrate a breach of the contract. The first element is the formation of a valid insurance contract. A valid contract requires that both parties agree to the terms of the contract, as well as having the legal capacity, consideration, and consent to enter into it. The second element is that the insurer did not fulfill the obligations of the contract. This is often demonstrated in the form of a failed promise, failing to perform a certain task, or delayed payment. The third element is that the non-performance of the contract resulted in damages to the claimant. Damages can include lost wages, emotional distress, medical bills, or other damages caused by the breach of contract. The fourth and final element is that the claimant must be able to prove that the breach of contract was, in fact, caused by the insurer. This can be difficult, as it requires evidence to prove causation. All four elements must be present in order for a breach of contract claim in an insurance litigation case to be valid in the state of Georgia. If any of the elements are not present, the claim may not be successful.

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What are the elements of a breach of contract claim in an insurance litigation case?

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