Gunderson

Gordon and Vera Gunderson appeal from a grant of summary judgment in their action against respondent Fire Insurance Exchange for breach of their insurance contract and tortious bad faith, arising out of respondent’s denial of appellants’ tender of the defense of a third party lawsuit. Appellants contend that the trial court erred in granting summary judgment in respondent’s favor because there were triable issues of material fact concerning respondent’s duty to defend appellants in the underlying lawsuit on the basis of a potential for coverage under the policy. For the reasons which follow we affirm the judgment.

I

Factual and Procedural Background

Appellants purchased property in Sonoma in 1986. At the time, they believed on the basis of the grant deed and the assurances of the previous owner that they had the use of an easement for ingress and egress, consisting of a gravel driveway approximately 10 by 200 feet running the entire length of appellants’ property and which was located on the adjoining property owned by Mildred R. Ferrando. The easement gave appellants access to the rear portion of their property. For three years after their purchase of the property,…