MAYS v. INA

Docket No. 62219.

407 Mich. 165 (1979)

284 N.W.2d 256

MAYS v. INSURANCE COMPANY OF NORTH AMERICA

Supreme Court of Michigan.

Decided October 9, 1979.


Attorney(s) appearing for the Case

Ford, Kriekard, Staton, Allen & Decker, P.C., for plaintiff.


WILLIAMS, J. (to reverse).

This case involves construction of the following language in a private disability insurance contract:

"The Weekly Benefit Amount shall be reduced by the weekly pro-rata portion of any benefits payable under the Workmen's Compensation Act and the primary disability monthly benefit payable under the Federal Social Security Act regardless of actual receipt of such benefit due to the Insured's failure to apply therefor (primary...

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