Insurance Co. of North America v. Gulf Oil Corp.

106 Ga. App. 382 (1962)

127 S.E.2d 43

INSURANCE COMPANY OF NORTH AMERICA

v.

GULF OIL CORPORATION; and vice versa.

39419, 39420.

Court of Appeals of Georgia.

Decided June 22, 1962.

Rehearing Denied July 26, 1962.

Roberts & Thornton, Clyde L. Armour, Jr., L. B. Kent, Jack M. Thornton, for plaintiff in error.

Kelly, Champion & Henson, S. E. Kelly, Jr., Forest L. Champion, Jr., contra.

HALL, Judge.

1. By its first defense Gulf contended that the plaintiff could not become subrogated to any claim against it because it was an insured under the policy by virtue of the loss payable clause, which was included in…