FIREMAN'S F. INS. CO. v. NORTH CAROLINA FARM B. M. I. CO.

No. 534.

152 S.E.2d 513 (1967)

269 N.C. 358

FIREMAN'S FUND INSURANCE COMPANY and the Insurance Company of the State of Pennsylvania, v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY.

Supreme Court of North Carolina.

February 3, 1967.


Attorney(s) appearing for the Case

Dupree, Weaver, Horton, Cockman & Alvis, Raleigh, for plaintiff appellants.

Broughton & Broughton, Raleigh, for defendant appellee.


LAKE, Justice.

Each of the plaintiffs, by its policy, contracted with Jerry Denning to do two different things. First, it contracted to pay on his behalf all sums for the payment of which he became legally liable, because of bodily injury sustained by any person arising out of the use of an automobile not owned by him, to the extent that such liability exceeded other valid and collectible insurance and did not exceed the limit fixed by its policy. Second, it contracted...

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