Spindle v. Travelers Ins. Companies

In Spindle v. Travelers Ins. Companies (1977) 66 Cal. App. 3d 951, a medical malpractice insurer had a master contract with a regional association of physicians. According to the allegations of the complaint, the insurer wanted to raise rates for individual doctors by an amount that exceeded the increases permitted by the master contract. When the medical society resisted, the insurer canceled the plaintiff's insurance in order to coerce and intimidate the medical society into permitting the rate increases. ( Id. at pp. 954-955.) In the course of concluding that this complaint stated a tort cause of action for bad faith, the Spindle court made the statements upon which the Joneses rely: "'There is an implied covenant of good faith and fair dealing in every contract ... . This principle is applicable to policies of insurance' ; by the Spindle court. ... We are unable to discern any logical basis for distinguishing between an insurer's conduct in settling a claim made pursuant to the policy and that involved in an insurer's cancelling a policy if bad faith conduct is the basis for the cancellation. ... No plausible reason exists why cancellation provisions of a contract should be treated differently from other contractual provisions insofar as application of the implied covenant of good faith and fair dealing is concerned." ( Spindle v. Travelers Ins. Companies, supra, 66 Cal. App. 3d at p. 958.)