t only is available because there is No express or implied contract which is breached." (citations and internal quotation marks omitted)); see also Mechler v. John Hancock Life Ins. Co., Civil Action No. 07-0724-CB-M, 2008 U.S. Dist. LEXIS 75955, 2008 WL 4493230, at •4 (S.D. Ala. Sept. 30, 2008) (concl