Cotton States Mutual Insuance v. Atkinson

Deen, Judge. 1.

Assuming but not deciding that the plaintiff in this action was an additional insured under the policy of liability insurance issued by the insurer to Simonton, this places him in the legal position of a third-party beneficiary to-the contract who, as such, would have a right at his election, to claim or reject the coverage afforded him in that capacity. Ericson v. Hill, 109 Ga. App. 759 (1a) (137 SE2d 374). Notwithstanding the questions raised as to the election of the additional insured to invoke the protection of the policy, we cannot, reach those contentions since the…