3875 An insurer is not liable in tort for breaching the implied covenant of good faith and fair dealing by assessing an additional premium in bad faith; in a matter involving regulation of premiums for assigned risk coverage, the primary jurisdiction doctrine requires a trial court to stay proceedings pending determination by the Insurance Commissioner.CitationNEIL v JONES (Additional Premium) 33 C4 917 [See: Neil v Jones (RevGrtd) 98 Cal.App.4th 434, T/AT 6/02; Farmers v Superior Court 2 Cal.4th 377; SCIF v Superior Court 24 Cal.4th 930, T/AT 3/01; Foley v Interactive 47 C3 654]
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