FIREMEN'S MUT. INS. CO. v. HIGH POINT SPRINKLER CO.

No. 702.

146 S.E.2d 53 (1966)

266 N.C. 134

FIREMEN'S MUTUAL INSURANCE COMPANY v. HIGH POINT SPRINKLER COMPANY.

Supreme Court of North Carolina.

January 14, 1966.


Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter, by Richmond G. Bernhardt, Jr., Greensboro, for plaintiff appellant.

Jordan, Wright, Henson & Nichols, by G. Marlin Evans, Greensboro, for defendant appellee.


LAKE, Justice.

The policy issued by the plaintiff to the Desk Company was in the standard form prescribed by the statute. G.S. § 58-176. It provided: "Subrogation. This Company may require from the insured an assignment of all right of recovery against any party for loss to the extent that payment therefor is made by this Company." Both by virtue of this provision in the policy and upon equitable principles the plaintiff, having paid the loss to the Desk...

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