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RELIANCE INS. CO. v. MORRISON

No. 8123SC1402.

297 S.E.2d 187 (1982)

RELIANCE INSURANCE COMPANY v. Thomas MORRISON and Coyote Truck Lines, Inc.

Court of Appeals of North Carolina.

November 16, 1982.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis by Philip J. Smith, Asheville, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Keith W. Vaughn, Winston-Salem, for defendants-appellees.

ARNOLD, Judge.

Plaintiff makes two contentions on appeal. First, it seeks to be subrogated to Metler's contractual right of indemnity as a result of the lease between Metler and Coyote. Second, it argues that there was a genuine issue of material fact so as to avoid summary judgment since a contract of indemnity could be implied in law between it and Coyote.

In North Carolina, the general rule is that when an insured...

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