510 P.2d 1032 (1973)
Plaintiff filed suit against defendants alleging that they willfully entered into a scheme to deprive him of the benefits under his fire insurance policies by falsely implying that he had a motive to deliberately set fire to and burn down his place of business. The trial court sustained defendants' general demurrers and dismissed plaintiff's complaint.
- On appeal, the court reversed the trial court's dismissal of plaintiff's complaint as to the three insurance companies.
- It found that plaintiff stated facts sufficient to constitute a cause of action in tort against defendant insurance companies for breach of their implied duty of good faith and fair dealing, and that plaintiff stated facts sufficient for the recovery of damages for mental distress.
- As to the remaining defendants, the court found that they were not subject to any implied duty arising from a contractual relationship with plaintiff, and that the complaint did not state sufficient facts to constitute a cause of action against them.
The court reversed the order and the cause was remanded to the trial court with directions to overrule the demurrers and to allow defendants a reasonable time within which to answer. As to the remaining defendants, the judgment was affirmed. Plaintiff should recover his costs on appeal from defendants, and the other defendants shall recover their costs on appeal from plaintiff.
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