Travelers Insurance Company v. Keith

SHARP, Justice.

Plaintiff Travelers has invoked the remedy of interpleader provided by G.S. 1A-1, Rule 22, by paying its liability under Group Policy No. GA-23000 into court in a proceeding to which all to whom it might be obligated under the policy are parties. See Phillips, 1970 Supplement to 1 McIntosh, North Carolina Practice and Procedure § 728. Thus each defendant is the adversary of the other and occupies the position of a plaintiff. Each has the burden of establishing his right to the fund by the greater weight of the evidence. If, upon the stipulations and evidence no genuine issue of…