Court of Appeals of Georgia February 18, 1963, 39980 (Simmons v. AMERICAN SECURITY INSURANCE COMPANY)

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.