Bogard

SUMMARY

Appellants Dennis and Pearl Bogard (appellants) appeal from a judgment of dismissal entered following the sustaining of a demurrer to their second amended complaint without leave to amend against Employers Casualty Company (Employers). In their second amended complaint, the Bogards alleged three causes of action: breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and negligent infliction of emotional distress. For the reasons stated below, we reverse the order of dismissal and direct the trial court to grant appellants a reasonable time within which to amend their pleadings in a third amended and final complaint.

Factual and Procedural Background

On May 5, 1976, Courtney Matejka, a three-year-old girl, was bitten and severely injured by a dog owned by appellants at appellants’ home. At that time, appellants were insured under a homeowner’s liability insurance policy issued by Employers. The policy’s coverage extended to bodily injury and personal liability, and it contained a liability limit of $100,000 per occurrence.

Following this incident, the Matejkas brought suit against appellants and Lawrence…