PROVIDENT LIFE & ACC. INS. CO. v. TORAN

No. 85-198.

702 S.W.2d 10 (1986)

288 Ark. 63

PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Appellant, v. Clarence TORAN, Appellee.

Supreme Court of Arkansas.

January 21, 1986.


Attorney(s) appearing for the Case

Daily, West, Core, Coffman & Canfield by Wyman R. Wade, Jr., Fort Smith, for appellant.

Kincaid, Horne & Trumbo by David B. Horne, Fayetteville, for appellee.


HOLT, Chief Justice.

The sole issue we must address in this appeal is whether the appellant, Provident Life & Accident Insurance Co., may enforce a provision in its group disability insurance policy which reduces the benefits to the appellee, Clarence Toran, by the amount of the Social Security payments he is entitled to receive because of his disability. Our jurisdiction is pursuant to Sup. Ct.R. 29(1)(c), to interpret Ark.Stat.Ann. § 66-3709 as amended...

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