State Automobile Mutual Insurance v. Smith Dry Cleaners, Inc.

SHARP, Justice.

Plaintiff prosecutes this action under the rule that an insurance company paying a loss to its insured under the obligation of its policy for property damaged by the tortious act of another is entitled to subrogation to the rights of its insured against the one whose tortious act caused the damage to the extent of the loss paid by the insurance company. Insurance Co. v. Storage Co., 267 N.C. 679, 149 S.E. 2d 27 (1966).

To recover, plaintiff invokes the following well established principle of law: “A prima facie case of actionable negligence, requiring submission of the issue to…