CAPPS v. AMERICAN MUT. LIABILITY

No. 20199.

601 S.W.2d 816 (1980)

Archie CAPPS, Appellant, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY and St. Regis Paper Company, Appellees.

Court of Civil Appeals of Texas, Dallas.

June 27, 1980.


Attorney(s) appearing for the Case

Charles C. Whitener, Dallas, for appellant.

John T. Sears, Gardere, Wynne, Jaffe & DeHay, Dallas, for appellees.

Before GUITTARD, C. J., and AKIN and STOREY, JJ.


STOREY, Justice.

Plaintiff, Archie Capps, appeals from a take-nothing judgment entered in favor of defendant, American Mutual Liability Insurance Company, contending that the trial court erred in allowing defendant to deduct both worker's compensation and social security disability payments from the amounts payable to plaintiff under its disability insurance policy. We hold that the policy provisions required that both amounts be deducted, and that the court properly...

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