dissenting in part.
“L’homme absurde est celui qui ne change jamais. (The absurd man is he who never changes.)” Wynn v. State, 127 Ga. App. 463, 466 (194 SE2d 124) (1972).
The writer originally concurred in the majority opinion. When the dissent was written I left the majority and joined the dissent. On Motion for Rehearing I am again switching and rejoining the majority opinion, except I would reverse the award of $100,000 in punitive damages and $15,000 attorney fees based on bad faith in failing to pay the claim when received.
As to bad faith “ ‘ordinarily these are questions for the jury, if there is no evidence of such frivolous or unfounded refusal to pay, or if the question of liability is a close one, the court for the furtherance of justice should see to it that a verdict that illegally carries a penalty for bad faith is not allowed to stand. [Cit.]”’ (Emphasis supplied.) Georgia Farm Bureau Mut. Ins. Co. v. Matthews, 149 Ga. App. 350 (254 SE2d 413) (1979). See also GEICO v. Presley, 174 Ga. App. 562 (330 SE2d 779) (1985). Since I have taken three different positions in this case, and since we have a majority opinion and a dissenting opinion, it is suggested that the question of liability here is a “close one.” For that reason, the award for punitive damages and attorney fees *658was inappropriate.
I am authorized to state that Presiding Judge Birdsong joins in this dissent.