404.10 Damages (Cases With Claims for Mental Distress) If your verdict is for (claimant), you will next decide (claimant)'s claim for mental distress. On (claimant)'s claim for mental distress, the issues for your determination are: whether (defendant)'s [denial of] [failure to timely pay] the claim resulted in (insured)'s failure to receive necessary or timely health care; and if so whether this failure caused or aggravated (insured)'s [medical] [psychiatric] condition; and if so whether (insured) suffered mental distress related to the condition or the aggravation of the condition.