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 typically entails a few elements that must be proven in court. First, the plaintiff must show that an enforceable contract existed between them and the defendant. This will typically require evidence that the parties were legally competent to enter into a contract and that the contract was properly executed. Second, the plaintiff must show that the defendant breached the terms of the contract. For example, if the contract required the defendant to pay the plaintiff a specific amount due to a policy they had, the plaintiff must provide evidence that the defendant failed to pay the specified amount, thereby breaching the contract. Third, the plaintiff must demonstrate that the breach of contract caused them damages. This could mean showing that the defendant’s failure to pay resulted in the plaintiff having to pay out of pocket for medical bills or some other type of expense, for example. Lastly, the plaintiff must show the amount of damages that they are entitled to as a result of the breach of contract. This can include any losses they have incurred, such as medical bills, lost wages, and any other legal costs. The court will then decide if it agrees that the defendant breached the contract and, if so, award the plaintiff the damages they are entitled to.

Related FAQs

What is the purpose of a non-waiver agreement in an insurance litigation case?
What evidence is required to establish causation in an insurance litigation case?
What is a motion to dismiss for lack of jurisdiction in an insurance litigation case?
What is a motion to intervene in an insurance litigation case?
What is the difference between an insurance mediation and an insurance arbitration?
What is a motion to disqualify counsel in an insurance litigation case?
How can I best present my case in an insurance litigation trial?
How can I get help if I am involved in an insurance litigation case?
What is an insurance exhaustion clause?
What are the different types of defenses available in insurance litigation cases?

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

Related FAQs

Related Blog Posts