Troy v. Mutual Life Insurance Co. of New York

CLAUDE WILLIAMS, Chief Justice.

Mark A. Troy, Jr., a member of the State Bar of Texas, brought this action against The Mutual Life Insurance Company of New York (MONY) seeking to recover benefits alleged to be payable to him pursuant to the provisions of a group policy of medical insurance issued by MONY to participating members of the State Bar of Texas. MONY pleaded an equitable recoupment or setoff in an amount equal to Troy’s claim by reason of payment of a prior claim of Troy for which there was no liability. Trial was before the court, without a jury, and the facts were stipulated.…