Aetna Insurance v. Smith

John A. Fogleman, Justice.

On June 15, 1976, appellee Robert Smith received an injury in an automobile accident while a policy of automobile insurance issued him by appellant Aetna Insurance Company was in force. The injury arose out of and in the course of Smith’s employment and he received workmen’s compensation benefits which paid all medical expenses he incurred along with disability benefits in excess of those provided by appellant’s policy. Appellant defended under a policy clause excluding coverage to the extent that benefits were paid to the insured, under any workmen’s compensation…