St. Paul Fire & Marine Insurance v. W. P. Rose Supply Co.

VAUGHN, Judge.

Insured’s counsel took the position that the claim against the Tort-feasor could not be split and maintained suit for the total damages. His view is supported by Insurance Co. v. Sheek, 272 N.C. 484, 158 S.E. 2d 635. There the court said: “When the insurance pays only a part of the loss, the insured must bring the suit for the entire loss in his own name. . . . The sole right to sue in this case was in Ogbum, the insured whose property was negligently damaged.” Similarly, in Phillips v. Alston, 257 N.C. 255, 125 S.E. 2d 580, the court said:

“When the sum paid is only partial…