Newsome v. Prudential Insurance Co. of America

The question presented by this appeal is whether plaintiff is the real party in interest within the meaning of G.S. 1-57, and as such has the right to maintain this action.

Defendant insurance company contends that since both its insurance policy and the certificate which was issued thereunder expressly provide that payment of the insurance proceeds shall be made to GMAC, referred to as “Creditor” in the policy and as “Policyholder” in the certificate, GMAC is the sole and only party entitled to maintain any action against the defendant on account of the insurance policy involved in this…