Scheffler

ORDER GRANTING THE DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

This matter comes before the Court on the defendant’s motion for judgment on the pleadings. After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court grants the motion.

BACKGROUND

On December 6, 2001, the defendant, Allstate Insurance Company (“Allstate”), removed the instant action to this Court. The plaintiffs, Dale Scheffler (“Mr.Sehef-fler”) and Cynthia Scheffler (“Mrs.Sehef-fler”) (collectively the “plaintiffs”), sue Allstate for breach of contract and breach of the implied covenant of good faith and fair dealing.

This action arises out of Allstate’s denial of the plaintiffs tender of defense of a lawsuit filed by Pierre and Rebecca Rioux (the “Riouxs”) against the plaintiff.

The plaintiffs lived next to the Riouxs. For many years, a roadway existed on the plaintiffs’ property, which allowed access to the Rioux property. But, in May 2000, the plaintiffs locked the gates to the roadway; then they bulldozed and destroyed it to stop the Rioux family from driving back and forth across the plaintiffs’ property. In August 2000, the Riouxs sued the plaintiffs…