Plaintiff-appellee, Gaither W. “Rocky” Horde, III, brought the instant action against his insurer, defendant-appellant Progressive American Insurance Company, after Progressive denied Horde coverage under a policy exclusion for damage to his Dodge Viper GTS “Viper” sustained as he hit the wall after exiting Turn No. 1 at the Road Atlanta Racetrack. Pertinently, the policy exclusion barred coverage “to a covered vehicle or non-owned vehicle resulting from . . . practice or preparation for any pre-arranged or organized racing, speed or demolition contest or stunting activity.”1 A State Court of Fulton County jury returned a verdict for Horde, awarding him $37,368.73 in compensatory damages, $7,099.94 in bad faith damages, and $25,821.75 in attorney fees. Progressive appeals from the denial of its motion for directed verdict, made at the close of Horde’s case, as to the existence of coverage upon Horde’s claim and its liability for attorney fees and penalty under OCGA § 33-4-6 for bad faith refusal to pay an insurance claim. Finding these claims of error to be meritorious, we reverse. Held:
1. Whether upon motion for directed verdict or judgment notwithstanding the verdict, “where there is no conflict in the evidence as to any material issue, and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.” Pendley v. Pendley, 251 Ga. 30 302 SE2d 554 1983. Construing the evidence in the light most favorable to non-movant Horde, Mattox v. Marta, 200 Ga. App. 697 1 409 SE2d 267 1991, the undisputed evidence shows that Horde’s accident occurred on a “track day” at the Road Atlanta Racetrack conducted as a part of a three-day racing class provided by the Panoz Racing School in which he was then enrolled; that the objective of Panoz’s three-day racing class was to teach students the basic skills necessary to drive a car “at speeds” over a racing circuit;2 that, having modified his Viper for racing and in the company of a Panoz instructor providing him instruction, Horde drove his Viper in excess of 140 mph at the Road Atlanta Racetrack on the day the accident occurred; that as a Panoz advanced “A” rated driver, Horde was authorized to drive his Viper at such speed; that, in conjunction with his enrollment in the Panoz Racing School, Horde applied for a competition license; that Horde obtained a physical examination in support of his application to race competitively; that Horde, while driving “at speeds,” crashed his vehicle into the racetrack retaining wall; and that, at trial, Horde conceded he applied to race competitively thinking that he might want to do so at some future date.
