Simmons v. AMERICAN SECURITY INSURANCE COMPANY

Russell, Judge.

Where by the terms of a contract of motor vehicle insurance the loss is payable to the named insured and a named mortgagee loan company “as interest may appear,” the insured may not, over timely special demurrer, sue in his own name to recover the loss to the exclusion of the mortgagee. He may in the first instance join the mortgagee as party, Georgia Cas. &c. Co. v. Pincus, 89 Ga. App. 836 (81 SE2d 527), or he may maintain the action for his own use and the use of the mortgagee. Johnson v. General Exchange Ins. Corp., 49 Ga. App. 780 (176 SE 840). But an amendment merely…