This is the second appearance of this case in this court; after the first trial, judgment in favor of the claimant was reversed because of an error in the jury charge. Colonial Life c. Co. v. McClain, 144 Ga. App. 201 ( 240 S.E.2d 759) (1977). That first trial also resulted in a verdict for a bad faith penalty and attorney fees and, in discussing the procedure to be followed on retrial, this court stated: "If, at trial, the appellee presents evidence showing the appellant's bad faith and the appellant's defense meets the `reasonable and probable cause' standard of Williamson, the question of bad faith must be submitted to the jury for final resolution. [Cits.

[Cits.]" Colonial Life c. Ins. Co. v. McClain, 144 Ga. App. 201, 202-203 (1) ( 240 S.E.2d 759) (1977). 4.

We do not consider the court's further charge that the plaintiff could not recover unless his injury was determined to be the "sole proximate cause of the permanent disability" to have been inconsistent with this principle. The defendant's reliance on Colonial Life c. Ins. Co. v. McClain, 144 Ga. App. 201 (2), 203 ( 240 S.E.2d 759) (1977), is misplaced, as in that case the court charged that "[t]he fact that [the plaintiff] might have had a pre-existing bodily infirmity would not alone relieve the company from liability if his injury was the result of the automobile accident." 5. The remaining enumeration of error, which goes to the court's failure to give certain requested charges on bad faith, is rendered moot by the reversal of the award of attorney fees.

4. The trial judge did not err in overruling the appellant's motion for a directed verdict on the issue of its liability for damages pursuant to Code Ann. § 56-1206 since the existence, or not, of bad faith is a jury question. See Colonial Life c. Ins. Co. v. McClain, 144 Ga. App. 201 (1977); Cincinnati Ins. Co. v. Gwinnett Furniture Mart, Inc., 138 Ga. App. 444 ( 226 S.E.2d 283) (1976). Judgment affirmed. Deen, P. J., and Smith, J., concur.