With no explanation, chose the best option from "A", "B", "C" or "D". Council meetings, the text of Art. I, § 2, Bessemer City Ordinances, and advisory opinions written by the Ethics Commission and the Office of the Alabama Attorney General. Considering these materials in making a determination as to whether the City councillors are entitled to qualified immunity necessarily would require converting the motion to dismiss into a motion for a summary judgment because "[i]f the trial court considers matters outside the pleadings, then the motion should be treated as a motion for summary judgment.” Stock-man v. Echlin, Inc., 604 So.2d 393, 394 (Ala. 1992). It is apparent from the language of the trial court's orders that it did not consider outside materials in reaching its decision. 6 . Cf. Chavers v. National Sec. Fire & Cas. Co., 405 So.2d 1 (Ala.1981) (<HOLDING>). The claim of a breach of an implied contract

A: holding that a bad faith claim is a tort
B: holding expert testimony is not required as a per se rule  in bad faith actions
C: recognizing the intentional tort of bad faith in firstparty insurance actions
D: recognizing a tort for the intentional spoliation of evidence
C.