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ALLSTATE INSURANCE CO. v. INTEGON INDEM. CORP.

No. 7428SC900.

211 S.E.2d 463 (1975)

24 N.C. App. 538

ALLSTATE INSURANCE COMPANY v. INTEGON INDEMNITY CORPORATION.

Court of Appeals of North Carolina.

February 5, 1975.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes, Hyde & Davis by Roy Davis, Jr., Asheville, for plaintiff appellee.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for defendant appellant.

MARTIN, Judge.

Essentially, Allstate argues that it has conferred a benefit upon Integon by paying Integon's share of the loss, and it requests reimbursement on the grounds that Integon has been unjustly enriched thereby. To this end, Allstate invokes the equitable doctrine of subrogation.

Integon argues that its liability was totally precluded due to breach of its policy provision that prohibited other insurance. In support thereof, Integon contends: (1)...

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