Legal Opinion

Home Ins. Co. v. INGOLD TIRE CO., INC.

Supreme Court of North Carolina

Decided December 30, 1974No. 99PublishedCited by 3 opinions

1Opinion of the Court

HUSKINS, Justice.

In the financing agreement with B-WAC defendant agreed to obtain insurance covering floor-planning merchandise and, if defendant failed to do so, authorized B-WAC to purchase such insurance at defendant’s expense. The trust receipts contained a similar promise by defendant to purchase insurance with a loss payable clause. Defendant breached its promise to purchase insurance and now contends that, since the financing agreement allowed B-WAC to obtain the insurance at defendant’s expense, defendant is entitled to the benefit of the insurance proceeds paid under B-WAC’s blanket…

2Cases cited24 opinions

  1. Bizzell v. BizzellSupreme Court of North Carolina · 1958
  2. Berkshire Mutual Insurance Company v. Richard G. Moffett, Jr.Court of Appeals for the Fifth Circuit · 1967
  3. Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
  4. Press v. FalkSupreme Court of the United States · 1958
  5. Johnson v. HeathSupreme Court of North Carolina · 1954

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3Cited by3 opinions

  1. Burrell v. Sparkkles Reconstruction Co.Court of Appeals of North Carolina · 2008
  2. In Re the Deed of Trust of SimonCourt of Appeals of North Carolina · 1978
  3. Riddle v. RiddleCourt of Appeals of North Carolina · 1982

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