CONCURRING IN PART and CONCURRING IN RESULT.
I agree with the majority that the burden of proof is on the insured in an action by the insured to recover damages based upon the alleged bad faith of an insurance company in processing a covered claim. However, I am *182not persuaded that the district court misplaced that burden or erred in its instructions to the jury concerning the burden of proof in this ease. Beyond the burden ordinarily placed on a plaintiff in such cases, State Farm undertook to specifically allege as an affirmative defense that its role in the delay was due to circumstances presenting “fairly debatable” issues of causation. The instructions submitted by the district court accommodated the company’s allegations in light of the evidence presented by the parties. Had the court failed to give these instructions, then arguably there would have been error of a different nature.
However, I am convinced that the district court erred in relieving Robinson from proving that there was coverage under the policy as a predicate element for recovery of damages for the tort of bad faith in processing the insurance claim. Where there is no coverage, i.e., a contractual relationship requiring the company to pay an insured’s claim, the tort of bad faith does not lie. McGilvray v. Farmers New World Life Ins. Co., 136 Idaho 39, 45-46, 28 P.3d 380, 386-87 (2001); Wells v. United States Life Ins. Co., 119 Idaho 160, 166, 804 P.2d 333, 339 (Ct.App.1991). Moreover, as noted in the lead opinion, although payment of a claim or part of a claim by the insurer may serve as evidence to show the company’s acknowledgement that coverage exists, that payment alone does not remove the requirement that the insured establish the coverage relationship between the parties.
Accordingly, I concur in the conclusion that this case must be remanded for a new trial.