STATE FARM MUTUAL AUTOMOBILE INS. CO. v. BLACKWELDER

No. 9019SC1153.

406 S.E.2d 301 (1991)

103 N.C. App. 656

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Kenneth W. BLACKWELDER, Executor of the Estate of Clyde Willard Blackwelder.

Court of Appeals of North Carolina.

August 6, 1991.


Attorney(s) appearing for the Case

Hutchins, Tyndall, Doughton & Moore, by Kent L. Hamrick, Winston-Salem, for plaintiff appellant.

Hartsell, Hartsell & Mills, P.A., by W. Erwin Spainhour, Concord, for defendant appellee.


PHILLIPS, Judge.

By paying its underinsured motorist insurance limits to Maureen Sargeant for damages negligently caused by the decedent tort-feasor, Clyde W. Blackwelder, State Farm became subrogated to her rights against the Blackwelder estate. Dowdy v. Southern Railway Co., Inc., 237 N.C. 519, 75 S.E.2d 639 (1953). In dismissing plaintiff's subrogation...

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