Simmons v. AMERICAN SECURITY INSURANCE COMPANY

Court of Appeals of Georgia

Simmons v. AMERICAN SECURITY INSURANCE COMPANY

130 S.E.2d 351, 107 Ga. App. 364, 1963 Ga. App. LEXIS 843

CourtCourt of Appeals of Georgia

DecidedFebruary 18, 1963

Docket39980

StatusPublished

Cited by4 cases

This text of 130 S.E.2d 351 (Simmons v. AMERICAN SECURITY INSURANCE COMPANY) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simmons v. AMERICAN SECURITY INSURANCE COMPANY, 130 S.E.2d 351, 107 Ga. App. 364, 1963 Ga. App. LEXIS 843 (Ga. Ct. App. 1963).

Pincite

Opinion

Russell, Judge.

Where by the terms of a contract of motor vehicle insurance the loss is payable to the named insured and a named mortgagee loan company “as interest may appear,” the insured may not, over timely special demurrer, sue in his own name to recover the loss to the exclusion of the *365 mortgagee. He may in the first instance join the mortgagee as party, Georgia Cas. &c. Co. v. Pincus, 89 Ga. App. 836 (81 SE2d 527), or he may maintain the action for his own use and the use of the mortgagee. Johnson v. General Exchange Ins. Corp., 49 Ga. App. 780 (176 SE 840). But an amendment merely calling upon the mortgagee, who is not a party, to intervene in the pending suit is not a compliance with either method.

Decided February 18, 1963. Lucian J. Endicott, for plaintiff in error. Powell, Goldstein, Frazer \& Murphy, Robert R. Harlin, James K. Rankin, contra.

A timely special demurrer having been filed raising the issue of nonjoinder of necessary parties, and the plaintiff having failed to amend to cure the defect, it was not error thereafter to dismiss the petition.

Judgment affirmed.

Felton, C. J., and Eberhardt, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, Judge.

Where by the terms of a contract of motor vehicle insurance the loss is payable to the named insured and a named mortgagee loan company “as interest may appear,” the insured may not, over timely special demurrer, sue in his own name to recover the loss to the exclusion of the *365 mortgagee. He may in the first instance join the mortgagee as party, Georgia Cas. &c. Co. v. Pincus, 89 Ga. App. 836 (81 SE2d 527), or he may maintain the action for his own use and the use of the mortgagee. Johnson v. General Exchange Ins. Corp., 49 Ga. App. 780 (176 SE 840). But an amendment merely calling upon the mortgagee, who is not a party, to intervene in the pending suit is not a compliance with either method.

Decided February 18, 1963. Lucian J. Endicott, for plaintiff in error. Powell, Goldstein, Frazer \& Murphy, Robert R. Harlin, James K. Rankin, contra.

A timely special demurrer having been filed raising the issue of nonjoinder of necessary parties, and the plaintiff having failed to amend to cure the defect, it was not error thereafter to dismiss the petition.

Judgment affirmed.

Felton, C. J., and Eberhardt, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

130 S.E.2d 351, 107 Ga. App. 364, 1963 Ga. App. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-american-security-insurance-company-gactapp-1963.

Opinion

Related

Cite This Page — Counsel Stack