Aetna Casualty & Surety Co. v. Phoenix Insurance

Birdsong, Judge.

In the first appearance of this case before this court, we held that Phoenix Insurance Co. (Phoenix), as loss-payee of a fidelity insurance contract, had standing to bring suit on the contract in its own name. See Phoenix Ins. Co. v. Aetna Cas. &c. Co., 120 Ga. App. 122 (169 SE2d 645), for further elaboration of the facts. Upon remittitur to the trial court, summary judgment was granted in favor of Phoenix, and the Aetna Cas. & Surety Co. (Aetna) appeals.

1. Construction of ambiguous contracts is the duty of the court, and no jury question is raised unless after application of…