Columbia Casualty Co. v. 3M Co.

OPINION

LARKIN, Judge.

Appellant challenges the district court’s dismissal of its claims for breach of the implied covenant of good faith and fair dealing. Because the dismissal was based on the erroneous conclusion that a party may not maintain both a claim for breach of contract and a claim for breach of the implied covenant of good faith and fair dealing based on the same conduct, and because appellant stated a claim upon which relief may be granted, we reverse and remand.

FACTS

Respondents Columbia Casualty Company and Continental Insurance Company commenced a declaratory-judgment action…