Leiden v. General Motors Acceptance Corp.

Webb, Judge.

At issue is whether the lien of an attorney under Code § 9-613 for services to his client in collecting insurance proceeds' under an automobile casualty policy is superior to the rights of his client’s mortgage lienholder to whom loss is payable under a mortgagee clause attached to the policy.

On August 2,1974, Joseph L. Bright purchased from Duke Buick, Inc. a 1974 Buick automobile, and executed an instalment sales contract to the seller, who transferred the contract to General Motors Acceptance Corporation. The certificate of title named GMAC as first lienholder and remained in…