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SIMMONS v. AMERICAN SECURITY INSURANCE COMPANY

39980.

107 Ga. App. 364 (1963)

130 S.E.2d 351

SIMMONS v. AMERICAN SECURITY INSURANCE COMPANY.

Court of Appeals of Georgia.

Decided February 18, 1963.

Attorney(s) appearing for the Case

Lucian J. Endicott, for plaintiff in error.

Powell, Goldstein, Frazer & Murphy, Robert R. Harlin, James K. Rankin, contra.

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 mortgagee. He may in the first instance join the mortgagee as party, Georgia Cas. &c. Co. v. Pincus,

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