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EMPLOYERS' FIRE INS. CO. v. BRITISH AMERICA ASSUR. CO.

No. 455.

131 S.E.2d 36 (1963)

259 N.C. 485

The EMPLOYERS' FIRE INSURANCE COMPANY, a corporation v. BRITISH AMERICA ASSURANCE COMPANY, Sam E. Wheeler and wife, Mildred C. Wheeler, T. S. Royster, Trustee, J. L. Parrish, and Mrs. Ruth C. Currin.

Supreme Court of North Carolina.

May 22, 1963.

Attorney(s) appearing for the Case

Claude Bittle, Durham, for appellant.

Dupree, Weaver, Horton & Cockman by Walter L. Horton, Jr., Raleigh, for plaintiff appellee.

RODMAN, Justice.

The question presented by the appeal is: Should each of the insurers contribute to the payment of the loss in the proportion which the sum insured bears to the total insurance, or must plaintiff pay all the loss?

Both a mortgagor and a mortgagee have an insurable interest in encumbered property. Shores v. Rabon, 251 N.C. 790, 112 S.E.2d 556

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