Track Insurance: GA Court of Appeals Refuses to Reconsider

[RockyTop]

I just heard from my attorney that the GA Appeals Court refused to reconsider thier opinion in my case. Unless the GA Supreme Court will consider my case, which they do not have to do, this opinion is now the law of the land in GA.

Unbelieveable !

I am posting again to request the VCA's help in asking whether it would consider retaining counsel to draft and submit an amicu brief (due on or before Mar. 1) Perhaps this is more of a GA club issue, but it may very well bleed over into neighboring states'court opinions.

Joe Houss, how about it ? Can the VCA help me out here by retaining counsel to draft an amicus brief ? It is due March 1, 2003.

 

[MR VENOM]

Your original thread read "instructional, just for fun" at the race track. You are an attorney.....what does your policy say? Looking at the description of your car one could surmise that it is set up for "something", beyond street use. Have you ever raced your car at a track, or registered to race? You know more about circumstantial evidence than I do. Sorry, I do really feel for your loss (read $). Be happy you or others were not hurt and move on. Good Luck.

 

[jimandela]

I hope Joe and Tony can help you in this!!!


It is just wrong was is happening there.

what happend to judged by your peers? not 4 old farts in robes!
bastages

 

[joe117]

If the insurance company doesn't want to cover high speed driving schools they are not going to cover high speed driving schools.

Your car, its damage, and your policy are something that has already been to court. The insurance company won in the end.

Do you want VCA write a brief to the court to somehow suggest that the court force them to cover this sort of thing? What will you do when they simply say very clearly that they don't want to cover it?

 

[shifter]

I too feel for your situation. I have a friend who had a brake failure at a track driving event and lost his car. His insurance covered it and I think we were both a bit amazed. I personally don't see insurance companies covering cars that have been modified and are driving on a track without an instructor on board. To do so would likely effect everyone's insurance as track events would become much more popular.

My friend was covered since it was a driving event, no timing system, the car was primarily stock, and he had an instructor on board (even though he was probably teaching the instructor).

Good luck.

 

[RockyTop]

Just to be clear. This event was not timed, is open to all street car drivers, expressly forbids racing, is run and supervised by their driving school instructors who, for insurance reasons , cannot ride in the car with you. Joe 117, your position is quite clear and you are entitled to it.

If I were racing or preparing to do so, I would not have submitted the claim. Nor would I have been driving my street car !

 

[RockyTop]

Mr. Venom,

I have never raced my Viper or any other vehicle. I am very thankful that neither me nor my mechanic who was in my car with me at the time (because in his words it's more fun than Six Flags)were injured.

That I have modified my car was, AS COAXED OUT OF THE INSURANCE COMPANY'S SOLE WITNESS AT TRIAL AND CONTRARY TO THEIR BRIEFS, NOT A BASIS FOR DENIAL OF MY CLAIM. NOR WAS THE FACT THAT I HAD DRIVEN AT 140MPH ON THE TRACK THAT DAY- - ANOTHER ADMISSION AGAINST INTEREST BY THE INSURANCE COMPANY AT TRAIL IN CONTRAST TO THEIR BRIEFS. NEVERTHELESS, THE APPEALS COURT LISTED BOTH OF THESE FACTORS THIS AS SOME OF THE REASONS FOR REVERSING !!.

Rant over.

Rocky

 

[Steve Ferguson]

Rocky top, are you a VCA Member?

 

[slaughterj]

Can the VCA help me out here by retaining counsel to draft an amicus brief ? It is due March 1, 2003.

As an attorney, I think that's a very good idea, and as a VCA member, I think it's a very worthwhile way to expend VCA funds (though of course Steve F. asked the standard question).

 

[Jim Hodel]

Sorry to hear about that Rocky. I'm sure this situation has caused many of us to think about our participation in driving schools and other track days. I have always thought the my coverage at 'Viper Days' was in jeopardy due to the timing and trophies etc, but I had hope that normal driver training events would be covered.

I forget, is there anything written in your policy about speed events or track days not being covered? I read my policy from start to finish and can't find any reference to not covering these events.

However, I suspect that my insurrance company (Allstate) would deny a claim if I make one - I call it the 'Golden Rule', those with the gold make the rules.

I will probably decrease my Viper track days and run my much cheaper Z28 so if something happens I don't end up in a similar unfortunate situation.

I know it doesn't help much, but I feel for you winning a case only to have it overturned by a court of appeals.

Jim

 

[RockyTop]

Steve,

Yes, I have been a proud member of the VCA since 1998 I think. My full name is G. Wilson "Rocky" Horde III if you need to check the roll. I forget my member number. I am a member of the GA region now but was previously a member of the TN/AL club with Eric Johnson et. al. - - Great bunch of guys !

It now looks like the brief would not be due until about March 10th or so. I'll try and get the exact deadline date.

It's not likely that the GA Supreme Court would take the case in the absence of a burning public policy issue, but the appellate court by its decision is effectively instituting a new standard of review for directed verdict motions and that may be enough of a change in law to get us in. It's a crap shoot.

Man I'd sure like to see our club (and many others) wade in on this !

Thanks for the club's consideration of this important issue regarding the full enjoyment of our wonderful vehicles !

Rocky

 

[RockyTop]

Jim,

You asked "is there anything written in your policy about speed events or track days not being covered ?" The verbatim policy exclusion is:

"Coverage under this Part IV [Damage to Vehicle] does not apply for loss:...to a a covered vehicle, non-owned vehicle, or trailer, resulting from any pre-arranged or organized racing, speed or demolition contest, stunting activity, or in practice or preparation for any such contest or activity."

Note that there must be a pre-arranged or organized racing, speed or demolition contest. Progressive admitted at trial that I never had applied or participated in such a contest, that they were not aware of any such contest in my future nor were they aware of any intention on my part to enter into such a contest in the future. Yet as a matter of law (!!!) the appeals court concluded from the its review of the record at trial that, notwithstanding these in court admissions by Progressive, that "Mr. Horde was plainly practicing or preparing for racing activity witrhin the meaning of the policy exclusion." It went on to say that The plain meaning of the policy exclusion is undisputed." That is EXACTLY what the dispute was about !! The appeals court's ruling means that no reasonable jury could find other than as the appelas court in interpreting my policy - - which of course they did, unanimously !!!.

Regardless of some members' macro views on whether policies should cover this type of activity, the fact is MY policy did not prohibit driving on a track, did not exclude driving above a particular speed (they could have said nothing over say 80 mph), and did not prohibit modification of my car (but mods were a factor in this opinion so all owners with mods look out cause your case just got harder in GA and pehaps other areas of our country as well !!) It certainly couild have if they had taken the time to draft it properly. Had they done so, with an any track driving exclusion, I would have chosen different insurance !

I paid a lot of money for coverage of my Viper and now when I have a claim, they breach their obligation ! No wonder they don't like jury trials !

 

[joe117]

A narrow view of, "in practice or preparation for any such contest or activity" could be "hot laps", "set up testing" or practice sessions before a given race.

A wider view of "in practice or preparation for any such contest or activity" would be that the high speed, fast cornering kind of training you were receiving at this school could only be construed as practice or preparation for one of the prohibited, listed activities. They decided that this training was well beyond what you would be learning in order to drive on the street.

I myself don't see why the mods on your car would be considered "preparation" but I can see how a non automotive enthusiast might ask "why else would he need the items listed in his signature on the VCA board?" Or perhaps, "where is he planning on using these mods, on the street?"

I think your insurance company must have led you to believe you would be covered or you wouldn't have bought the policy. That being said, I can see the point they are arguing.

 

[Steve Ferguson]

Rocky, call me when you get a chance. I work for a Group Accident Insurance company, and though we do not handle property cases, I am a little familiar with process and we do have general counsel in office. 800-448-6248 ex 134

 

[NCVCA]

Soooo,

Buying a gun would constitute "preparation for a ******"??

This is ludicrous. Someone STOP THE MADNESS.

 

[Tomcat]

I wonder if this should be shared with the C and P clubs? Might be worth doing to get the "community" involved. More heads, more ideas.

Tom

 

[RockyTop]

I will try and get the P club and C club involved, if nothing else to see if they would help share the expense of an amicus brief. In the meantime, time is running short and Joe Houss has not called or e-mailed me. Joe, don't leave me hangin' bud !

 

[RockyTop]

In the end it is (and was) a question of intent - - an inherently factual issue that should be (and was) left to a jury to determine. Appellate courts who cannot view the demeanor of the witnesses, etc. just are not in the best position to decide questions of fact, especially subjecive ones like intent. Thatis and has always been the job of juries in our country. If we as a society wanted judges to decide these things, the legislature and our Constitution could have so provided (or we could live in Iraq where I doubt the concept of a jury exists).

Law 101 is now dismissed. Class, there will be a quiz tomorow !

 

[Joseph Houss]

Rocky,

You've got mail.