WHALEY v. GREAT AMERICAN INSURANCE COMPANY

No. 313.

131 S.E.2d 491 (1963)

259 N.C. 545

Lillian H. WHALEY, Administratrix of the Estate of William Charles Whaley, Deceased, and Firestone Tire and Rubber Company, v. GREAT AMERICAN INSURANCE COMPANY and Insurance Company of North America.

Supreme Court of North Carolina.

June 14, 1963.


Attorney(s) appearing for the Case

Taylor, Allen & Warren, Scott B. Berkeley and John H. Kerr, III, Goldsboro, for plaintiffs.

Braswell & Strickland, Goldsboro, for defendant Great American Ins. Co.

T. Lacy Williams, Raleigh, for defendant Insurance Co. of North America.


BOBBITT, Justice.

In the Burgess (consent) judgment it was agreed that, upon payment thereof by Firestone, "an action may be brought by it, as subrogee of the William Charles Whaley estate, or in the name of Lillian H. Whaley, Administratrix of the estate of William Charles Whaley v. Great American Insurance Company and North American Insurance Company (sic), to determine their liability on the policies referred to." Firestone paid the judgment. This action...

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