Beverly Rodrigues and Gordon Rodrigues v. State Farm Mutual Automobile Insurance Company

94 F.3d 652 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Beverly RODRIGUES and Gordon Rodrigues, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee. No. 94-16498. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 1996. Decided Aug. 14, 1996. Before: HUG, Chief Judge, SCHROEDER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Plaintiffs Beverly and Gordon Rodrigues appeal the district court's grant of judgment on the pleadings in favor of defendant, State Farm Mutual Automobile Insurance Company. The Rodrigueses sought damages pursuant to State Farm's handling of their claim for underinsured motorist benefits. The district court granted partial judgment on the pleadings, concluding that the Rodrigueses failed to state a cause of action under two statutory theories of state law, or under a theory in tort. It then granted summary judgment as to all remaining claims. The Rodrigueses appeal only the grant of…