¶1concurring specially.
¶2I concur in the majority’s judgment affirming the trial court. In this connection, I understand the concerns of the dissenting opinion with regard to the injection of the matter of uninsured motorist insurance into the tort trial. However, as was the case in McCall v. Allstate Ins. Co., 251 Ga. 869 (310 SE2d 513) (1984), affirming Allstate Ins. Co. v. McCall, 166 Ga. App. 833 (305 SE2d 413) (1983), the appellate courts must construe the statutes as they are written and leave policy determinations to the legislature. The problem with the dissenting opinion is that it construes certain language in Moss v. Cincinnati Ins. Co., 154 Ga. App. 165 (268 SE2d 676) (1980) with emphasis inappropriate to the context in which the issue sub judice is presented. There simply is no authority for limiting the right of an insurer to elect to become an actual litigating party to only those cases wherein coverage vel non is an issue. In this case, the insurer made its election to become a party and, thus, it is entitled to participate as a party under the Civil Practice Act to the same extent as would any other party litigant.