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

Hall, Judge.

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 the policy in accordance with an agreement requiring that Harper carry insurance acceptable to Gulf, and under which plaintiff paid the proceeds of the policy to J. B. Harper, Jr. and Gulf.

The policy shows that it was “issued to J. B. Harper, Jr. d/b/a Harper Tire & Supply Company..” It provides: It is hereby understood and agreed that loss, if any, hereunder shall be…