Tobolt v. Allstate Insurance Co.

Plaintiffs, Bertha Tobolt and Vance Tobolt, to whom defendant, Allstate Insurance Co. (Allstate), had issued a homeowners’ policy, filed suit against Allstate. Count I was for the. failure by defendant to pay the proper amounts for a fire loss suffered by plaintiffs; count II, for the intentional infliction of severe emotional distress; and count III, for failure to act in good faith in dealing with plaintiffs. Defendant moved to strike and dismiss counts II and III on the ground that both counts faded to allege facts sufficient to state causes of action. The trial court dismissed both counts…