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ST. PAUL FIRE & MARINE INS. CO. v. W. P. ROSE SUPPLY CO.

No. 738DC525.

198 S.E.2d 482 (1973)

19 N.C. App. 302

ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. W. P. ROSE SUPPLY COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied November 1, 1973.

Attorney(s) appearing for the Case

C. K. Brown, Jr., Raleigh, for plaintiff appellant.

Smith & Everett, by James N. Smith, and James D. Womble, Jr., Goldsboro, for defendant appellee.

Certiorari Denied by Supreme Court November 1, 1973.

VAUGHN, Judge.

Insured's counsel took the position that the claim against the Tort-feasor could not be split and maintained suit for the total damages. His view is supported by Hardware Mutual Fire Insurance Co. v. Sheek, 272 N.C. 484, 158 S.E.2d 635. There the court said: "When the insurer pays only a part of the loss, the insured must...

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