CONCURS IN PART AND DISSENTS IN PART.
I concur in the Court’s opinion but dissent from Part II C. The majority holds that an insured may not claim damages for the tort of bad faith arising from the renewal of an insurance policy. I disagree with this holding for the following reasons.
In Featherston v. Allstate Ins. Co., 125 Idaho 840, 843, 875 P.2d 937, 940 (1994), the Court recognized that a tort remedy in negligence was available where an insurance agent for Místate had allegedly undertaken a duty to a new customer, who later became an insured, to sell the new customer an insurance policy that provided underinsured motorist coverage. The insured, Featherstone, sued after an accident in which a member of his family was injured by an “errant, under-insured motorist,” and Featherstone attempted to recover for the injuries from Allstate. Id. at 841, 875 P.2d at 938. The Court in Featherston relied on White v. Unigard, 112 Idaho 94, 99, 730 P.2d 1014, 1019 (1986), noting that White had recognized the “ ‘special relationship between insurer and insured which requires that the parties deal with each other fairly, honestly, and in good faith,’ and acknowledges the disparity in bargaining power between the insurer and the insured.” Featherston, 125 Idaho at 843, 875 P.2d at 940. The factual situation in Featherston did not involve an assertion that tortious conduct had been committed in connection with the settling and payment of a claim, but rather whether terms of a policy had been tortiously omitted to the detriment of the policyholder.
In the instant case, the assertion of a bad faith claim likewise concerns the terms of the policy, although not a new policy but an ongoing insurance contract. See March v. Snake River Mut. Fire Ins. Co., 89 Idaho 275, 280, 404 P.2d 614, 619 (1965). As in *476Featherston, the Court here should have permitted the claim of bad faith to be tried.1
The adhesionary nature of the insurance relationship which was a fundamental basis for White v. Unigard’s recognition of the tort of bad faith is evident here. In the renewal term of this contract, Farm Bureau stated, “Subject to our consent, you may renew this policy for successive periods by payment to us of the premium we require to renew the policy.” (emphasis added). Simper’s premiums were increased due to a claim Simper made as a result of being injured in an accident that was not her fault. Additionally, when Farm Bureau increased the premiums, it was aware that it would be subrogated to Simper’s rights against the negligent driver. Indeed, Farm Bureau was eventually reimbursed for the claims made by Simper.
Based upon the unique relationship between an insurer and an insured which continued during the renewal process, I believe that further inquiry is necessary to determine if the facts of this case establish a cause of action for the tort of bad faith. Accordingly, I would vacate the order of the district court granting summary judgment to Farm Bureau on Simper’s bad faith claim based on the insurance company’s renewal practices.
. Other jurisdictions have imposed a duty of good faith on insurers in situations involving the adjustment of retrospective insurance premiums, which are premiums that are adjusted based on the insured's claims history. See Benton Express, Inc. v. Royal Ins. Co. of America, 217 Ga.App. 331, 457 S.E.2d 566, 567 (1995); Nat’l Sur. Corp. v. Fast Motor Serv., Inc., 213 Ill.App.3d 500, 157 Ill.Dec. 619, 572 N.E.2d 1083, 1087 (1991).