Burkett v. Continental Casualty Co.

William A. Burkett, plaintiff, brought an action against defendant, Continental Casualty Company, to recover on a disability insurance policy. He was awarded judgment for the maximum benefits in the amount of $1,000 per month from February 12, 1966, to the date of judgment, October 19, 1967, but subject to deduction for amounts representing workmen’s compensation benefits ‘paid or payable.” Plaintiff appeals on the ground that no workmen’s compensation benefits actually were paid to him and that none were “payable,” wherefore the deduction should not have been allowed.

Continental Casualty…