Lane v. Iowa Mutual Insurance Company

Defendant contends the judgment should be reversed on the basis of the facts set forth in Finding of Fact No. 6.

Reference is made to Swain v. Insurance Co., 253 N.C. 120, 116 S.E. 2d 482, where this Court, with reference to a similar factual situation, oited and discussed the statutory and policy provisions relevant to decision.

Plaintiff had no legal right under policy or statutory provisions to sue defendant unless and until plaintiff first obtained a final judgment against Haley. His final judgment against Haley established the amount of Haley’s legal obligation to plaintiff. Defendant’s…