HILDRETH v. UNITED STATES CASUALTY COMPANY

No. 280.

144 S.E.2d 641 (1965)

265 N.C. 565

David A. HILDRETH v. UNITED STATES CASUALTY COMPANY, a Foreign Insurance Corporation, Harry D. McLaughlin and Olin Niven.

Supreme Court of North Carolina.

November 10, 1965.


Attorney(s) appearing for the Case

Beverly H. Currin, Charlotte, for plaintiff.

Carpenter, Webb & Golding, Charlotte, for defendant United States Casualty Company.


MOORE, Justice.

The sole question for determination on this appeal is whether the Company may maintain its cross-action for indemnity against its codefendant, McLaughlin, in plaintiff's action. The answer is "yes."

"An insurance agent is liable in damages for any loss sustained by the company arising from the agent's breach of duty * * Thus, if the agent issues a policy in violation of his instructions, he will be liable to the company for the amount of loss...

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