State Farm Mutual Automobile Insurance v. Blackwelder

/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 action against the estate the court was ap*658parently of the opinion that the action was barred by the prior dismissal of Maureen Sargeant’s action against the Blackwelder estate, since State Farm, as her subrogee, in effect stood in her…