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STATE FARM MUT. AUTO. INS. CO. v. EMPLOYERS' FIRE INS. CO.

No. 239.

123 S.E.2d 108 (1961)

256 N.C. 91

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. EMPLOYERS' FIRE INSURANCE COMPANY; Andy Foppe, Inc.; Anthony F. Byrnes and Francis Ryck.

Supreme Court of North Carolina.

December 13, 1961.

Attorney(s) appearing for the Case

John H. Small, Charlotte, Deal, Hutchins & Minor, by Roy L. Deal, Winston-Salem, for plaintiff, appellant.

Francis O. Clarkson, Jr., Charlotte, for defendant John Francis Ryck, appellant.

Carpenter, Webb & Golding, by William B. Webb, Charlotte, for defendant The Employers' Fire Ins. Co., appellee.

HIGGINS, Justice.

The plaintiff admits its policy covers Ryck's liability for the accident which occurred while Ryck was operating the 1959 Nash with the consent of its owner, Foppe, Inc. It contends, however, its coverage is excess insurance and the defendant Employers' garage policy provides the primary coverage which should be exhausted before claim is asserted against the plaintiff. The plaintiff further contends (1) that Ryck, while driving Foppe's Nash with...

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