An insurer may be liable in bad faith if it fails to settle within policy limits when given the opportunity to do so. This decision holds that to pursue a bad faith claim on that basis, it is not necessary for the insured to show that the claimant actually make a demand for settlement at or under policy limits. Following Boicourt v. Amex Assurance Co. (2000) 78 Cal.App.4th 1390, this decision holds that other evidence may be used to prove that the insurer had an opportunity to settle within policy limits. Here, the other evidence of that opportunity was a letter from the clai,ant’s insurer, asserting a subrogation claim and offering to mediate or negotiate the claim. The insured’s expert opined that the letter was in accordance with industry practice an invitiation to negotiate a lower settlement within policy limits.