INS. CO. OF NORTH AMERICA v. GULF OIL CORP.

39419, 39420.

106 Ga. App. 382 (1962)

127 S.E.2d 43

INSURANCE COMPANY OF NORTH AMERICA v. GULF OIL CORPORATION; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied July 26, 1962.


Attorney(s) appearing for the Case

Roberts & Thornton, Clyde L. Armour, Jr., L. B. Kent, Jack M. Thornton, for plaintiff in error.

Kelly, Champion & Henson, S. E. Kelly, Jr., Forest L. Champion, Jr., contra.


HALL, Judge.

1. By its first defense Gulf contended that the plaintiff could not become subrogated to any claim against it because it was an insured under the policy by virtue of the loss payable clause, which was included in the policy in accordance with an agreement requiring that Harper carry insurance acceptable to Gulf, and under which plaintiff paid the proceeds of the policy to J. B. Harper, Jr. and Gulf.

The policy shows that it was "issued to J. B...

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