Reliance Insurance Co. v. Morrison

ARNOLD, Judge.

Plaintiff makes two contentions on appeal. First, it seeks to be subrogated to Metier’s contractual right of indemnity as a result of the lease between Metier 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 claims benefits under a policy, the burden is on him to prove coverage. But the burden of showing an exclusion or exception is on the insurer. Brevard v. State Farm Ins. Co., 262…