Insurance Coverage -- Contract Construction. On May 22, 1981, John Williams was driving a car owned by Neil Baker. Rufus Hamilton was a passenger in the Williams car. Robert Pillsbury was driving a car registered in his mother's name, Edna Beasley, but for all intents and purposes, belonging to and wholly operated by Pillsbury. Williams improvidently encountered Pillsbury at an intersection in Savannah. Either Williams or his passenger Hamilton challenged Pillsbury to a "drag race" and Pillsbury accepted. There was evidence that Pillsbury was "revving" his motor behind the Williams car before he was challenged to the race.

Kevin Osborne was a passenger in the Anderson car. After Williams collided with the Anderson car, he skidded back into the center eastern lane where Pillsbury, while attempting to stop his vehicle, collided with the Williams auto. As a result of this three-car collision, Williams was killed, Rufus Hamilton, Michael Anderson, Kevin Osborne were injured, the Baker and Anderson cars were "totalled," and the Beasley car suffered property damage.

Pillsbury was insured for auto coverage by Southeastern Fidelity, providing the required coverage. A part of that policy listed a number of exceptions (19) to the coverage provided. One exception limited and excepted any coverage when the covered vehicle or operator was engaged in activities involving a rented or leased vehicle, a public livery conveyance, or "while used or operated in any racing event, speed contest or exhibition." (Emphasis supplied.) Inasmuch as Pillsbury admitted that the accident occurred during or at the end of a "drag race," Southeastern Fidelity sought a declaratory judgment naming all persons potentially interested in Pillsbury's coverage as defendants, seeking to ascertain if it was required to furnish Pillsbury or his mother coverage or a legal defense in the event Pillsbury or Beasley were sued as a result of the accident. After obtaining depositions of all witnesses, Southeastern Fidelity moved for summary judgment. The trial court construed the contract as providing no coverage for a racing event and granted Southeastern Fidelity summary judgment. The Andersons, Osborne, Pillsbury, and Mrs. Beasley all bring this appeal complaining of the grant of summary judgment, urging that the court erroneously construed the exclusion and furthermore, that at the time of Williams' collision with the Anderson vehicle, the race was over and the exclusion could have no application. Held:

1. In the principal enumeration of error, all the appellants urge, in effect, that the 19 exclusions listed in the policy provide single subject exclusions. Thus, the first exclusion although incorporating three uses of a vehicle (leased or rented; public livery; racing event or speed contest), all deal with a commercial enterprise; i. e., use of the vehicle for profit. Thus, the argument continues that the use of the vehicle in a "racing event" must mean a prearranged, regulated racing event with financial gain involved. Inasmuch as the race in this case was a private, on the spur-of-the-moment affair, the exception does not apply.

2. Secondly, appellants argue that even if the facts showed that Williams and Pillsbury engaged in a racing event, the evidence also showed that Pillsbury had withdrawn from the race before the accident occurred.

We must also reject that conclusion. Pillsbury and Williams voluntarily engaged in a joint act on a public road of this state that was in violation of law, driving in excess of 80 mph in a "drag race." Their responsibility for their voluntary acts lasted as long as either continued to act under the agreement for the race, without knowledge of abandonment by the other, and within the scope of the agreement. Saisa v. Lilja, 76 F2d 380 (1st Cir. 1935); Boykin v. Bennett, 253 N. C. 725 (118 SE2d 12, 17). Assuming that Pillsbury had conceded defeat, there is no evidence that Williams ever desisted from the attempt to win the race prior to losing control of his car and initiating the chain of events that caused the three cars to crash into each other. Furthermore, if the participants approach the starting point at an equal and non-competitive speed, the approach logically becomes a part of the race. Likewise, because participants cannot stop immediately at the finish line, slowing down to a lawful and non-competitive speed is also an essential part of the race even though this may occur beyond the finish line. Farmers Ins. Exchange v. Peters, 502 SW2d 319, 322 (Mo. 1973). The additional hazards clearly exist from beginning to the end of the enterprise and not just during that period of time wherein a winner of the race was being determined. Alabama Farm Bureau, supra. We find no error in the grant of summary judgment to Southeastern Fidelity Insurance Company in relation to its question of coverage under Pillsbury's policy.

Dwight T. Feemster, for appellants (case no. 65863).