Mays v. Insurance Co. of North America

Plaintiff brought suit to collect benefits which he believed were owed to him under a policy of disability insurance issued by defendant to plaintiff’s employer. Under this policy plaintiff was entitled to receive disability benefits, reduced by any social security or worker’s compensation which was "payable” to him. The trial judge ruled that plaintiff was entitled to collect the disability benefits, however, the judge also ruled that these benefits were to be reduced by the amount of social security and worker’s compensation which plaintiff had already received. Plaintiff now appeals…