Benchoff v. Western Mutual Fire Insurance

Sheely, P. J.,

Under Pa R. C. P. 2002 (a) it is required that, except as therein provided, *472all actions shall be prosecuted by and in the name of the real party in interest. The insurance policy upon which the present action is based was issued to plaintiff but contains a standard mortgagee clause under which the loss or damage, if any, shall be payable to Littlestown National Bank, mortgagee, as interest may appear. The action was brought in the name of the insured mortgagor alone, and plaintiff’s complaint contains no allegations relative to the status of the mortgage. Defendants contend in…