Standard Guaranty Insurance v. Bundrage

In this case, appellee-defendant insurer based its real party in interest defense upon appellant-plaintiff insured’s purported assignment of benefits. However, it appears that, unlike the document in Allianz Life Ins. Co. v. Riedl, 264 Ga. 395 (444 SE2d 736) (1994), the insured’s purported assignment may be a mere power of attorney. If the document is a mere power of attorney, rather than an assignment, then, as was recognized in Allianz Life Ins. Co. v. Riedl, supra at 396 (1), the insured would not be divested of the right to sue the insurer and the trial court erred in holding that the…