Jefferies v. State Farm Mutual Automobile Insurance

When a party moves for judgment on the pleadings, he admits these two things for the purpose of his motion, namely: (1) The truth of all well-pleaded facts in the pleading of his adversary, together with all fair inferences to be drawn from such facts; and (2) the untruth of his own allegations insofar as they are controverted by the pleading of his adversary. Erickson v. Starling, 235 N.C. 643, 71 S.E. 2d 384; Setser v. Development Corp., 3 N.C. App. 163, (filed 11 December 1968).

By plaintiff’s complaint, and his admissions by reply, the defendant’s rights of subrogation are established; the…