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NEW SOUTH INSURANCE COMPANY v. VELEZ

No. 7421DC306.

205 S.E.2d 559 (1974)

21 N.C. App. 700

NEW SOUTH INSURANCE COMPANY v. Carmen L. VELEZ.

Court of Appeals of North Carolina.

June 5, 1974.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by William F. Womble, Jr., Winston-Salem, for plaintiff appellant.

White & Crumpler by Michael J. Lewis and Melvin F. Wright, Jr., Winston-Salem, for defendant appellee.

CAMPBELL, Judge.

Under North Carolina case law an insurer who pays damages to the insured is subrogated to whatever rights the insured may have against the tort-feasor. 4 Strong, North Carolina Index 2d, Insurance, § 75, p. 553 (1968). Furthermore, an insurer's right to subrogation under a collision insurance policy includes a claim against any judgment secured by the insured against the tort-feasor for the amount paid by the insurer in satisfaction of the collision...

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