Insured Lloyds v. Bobo, 42814
| Decision Date | 09 June 1967 |
| Docket Number | No. 3,No. 42814,42814,3 |
| Citation | 116 Ga.App. 89,156 S.E.2d 518 |
| Parties | INSURED LLOYDS v. Emory C. BOBO |
| Court | Georgia Court of Appeals |
Syllabus by the Court
In this suit brought against the insurer by one other than the person to whom the policy was issued, the plaintiff was not a beneficiary under the terms of the insurance policy so as to maintain an action on the policy in his own right.
Emory C. Bobo brought an action on an insurance policy against Insured Lloyds in Chatham Superior Court. The petition alleged the defendant was an unauthorized insurer (Ga.L.1960, p. 289, 378; Code Ann. § 56-601); the defendant issued a policy naming Wagon Masters, Inc., as insured for a period from July 2, 1964 to July 2, 1965; that the plaintiff was the owner of a 1964 Cadillac which was consigned to Wagon Masters for sale on its lot as a used car dealer; that by agreement the automobile was placed on the used car lot for the purpose of selling it; that while on the lot the automobile was stolen on August 3-4, 1964; the automobile had a value of approximately $4,800.
The petition further alleged that coverage for theft losses was provided under the terms of the policy; that the policy covered automobiles consigned to the insured and held for sale in its business as an automobile dealer; that the limit of liability for each automobile was $2,500; that the named insured is a corporation no longer doing business or having an office or place of business nor has it made any claim under the policy for the loss of the automobile; that the plaintiff's right to bring the action is by reason of the policy providing coverage for consigned automobiles, designating no specific payee, containing no requirement to list or report automobiles in the care, custody or control of the insured, and stating no requirements for filing a proof of loss or claim. The petition prayed for recovery against the defendant in the amount of $2,500.
Attached to the petition as an exhibit were portions of the insurance policy naming Wagon Masters as the insured and containing the following pertinent provision:
The defendant filed general and special demurrers to the petition which were overruled by the trial judge. From this judgment appeal is taken.
Richardson, Doremus & Karsman, W. Ward Newton, Savannah, for appellant.
Stanley E. Harris, Jr., Savannah, for appellee.
The question we must resolve is whether the plaintiff has standing to sue the insurer where a third party is the insured under the terms of the policy.
Code § 3-108, as amended Ga.L.1949, p. 455, provides: ...
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...the policy for the payment of his claim by an action directly against the insurer." (citation omitted)).12 See Insured Lloyds v. Bobo, 116 Ga.App. 89, 156 S.E.2d 518, 520 (1967) ("The fact that Wagon Masters, the party with whom the plaintiff was dealing, had insurance might inure to the be......
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...$25,000 in damages. Held: 1. Appellee is a real party in interest within the meaning of OCGA § 9-2-20(a). See Insured Lloyds v. Bobo, 116 Ga.App. 89, 90, 156 S.E.2d 518; Tyler v. Nat. Life, etc., Ins. Co., 48 Ga.App. 338 (2), 172 S.E. 747 (generally an action on an insurance policy or writt......
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...claim by means of an action directly against the insurer. Lee v. Petty, 133 Ga.App. 201, 210 S.E.2d 383 (1974); Insured Lloyds v. Bobo, 116 Ga.App. 89, 156 S.E.2d 518 (1967); Perkins v. Publix Theatres Corp., 47 Ga.App. 641(7), 171 S.E. 147 (1933); Siegel v. Assoc. Indem. Corp., 432 F.Supp.......
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