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AETNA CAS. &c. CO. v. PHOENIX INS. CO.

54734, 54735.

144 Ga. App. 555 (1978)

241 S.E.2d 445

AETNA CASUALTY & SURETY COMPANY v. PHOENIX INSURANCE COMPANY; and vice versa.

Court of Appeals of Georgia.

Decided January 4, 1978.

Rehearing Denied January 23, 1978.

Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, Edward E. Dorsey, Frank Mays Hull, James J. Keaten, for appellant.

Sam F. Lowe, Jr., Navarre & Navarre, Joseph A. Navarre, Sr., for appellee.

BIRDSONG, Judge.

In the first appearance of this case before this court, we held that Phoenix Insurance Co. (Phoenix), as loss-payee of a fidelity insurance contract, had standing to bring suit on the contract in its own name. See Phoenix Ins. Co. v. Aetna Cas. &c. Co., 120 Ga.App. 122 (169 S.E.2d 645), for further elaboration of the facts. Upon remittitur to the trial court, summary...

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