Use of Race-Modified Car Comes Under Exclusion--Even Though.... Peter Stephan V Clarendon Natl. Ins (Courtside‪)‬

On May 11, 2007, plaintiff was involved in a motor vehicle accident while operating his 1989 BMW E 30 vehicle during the Ultimate Driver's School event at Watkins Glen, New York, a world famous racetrack which has been the site of the Grand Prix and other historic races since the late 1940's. The driver's school event was sponsored by the Genesee Valley BMW Car Club of America (hereinafter BMW CCA), which is comprised of over 1,400 BMW automobile enthusiasts in the Western New York Region. The driver's school was a three-day weekend event which consisted of alternate classroom and track sessions. Driver school participants were required to wear helmets at the event and received a written student packet which advised that while driving sessions would occur on a race track, that racing was prohibited. Both plaintiff and his witness, David Weaver, an instructor at the driving school, testified that the purpose of the school was to improve driving skills in a controlled environment. At the time of the accident, plaintiff was an advanced driving student who was permitted to drive without an instructor. According to plaintiff, the front tire on the driver's side went onto the grass shoulder as plaintiff was maneuvering a turn at an exit and subsequently spun onto the other side and hit the guardrail in his attempt to steer the BMW back onto the track, which resulted in a total loss to the vehicle. Plaintiff estimated that he was traveling at approximately 50-70 miles per hour at the time of the accident. Additionally, plaintiff maintained that no other vehicles were in proximity to his BMW at the time of the accident and that no timing devices were used on the racetrack. There were no witnesses to this accident.