Continental Casualty Co. v. Hunt

ALMA WILSON, Chief Justice:

The issue is whether the appellant, Continental Casualty Company, violated 42 U.S.C. § 407(a) by seeking a judgment for an alleged overpayment of disability insurance after the appellee, Leslie Hunt, was awarded back benefits from social security based upon disability. We find that the appellant’s actions violated the federal statute.

I. SUMMARY OF FACTS AND PROCEDURAL HISTORY

In 1963 appellee 1 acquired a disability-insurance policy. The policy was designed to provide disabled employees with a percentage of their pre-disability income. Hunt was not required to apply…