Mays v. Insurance Co. of North America

407 Mich. 165 (1979)

284 N.W.2d 256

MAYS

v.

INSURANCE COMPANY OF NORTH AMERICA

Docket No. 62219.

Supreme Court of Michigan.

Decided October 9, 1979.

Ford, Kriekard, Staton, Allen & Decker, P.C., for plaintiff.

WILLIAMS, J. (to reverse).

This case involves construction of the following language in a private disability insurance contract:

"The Weekly Benefit Amount shall be reduced by the weekly pro-rata portion of any benefits payable under the Workmen's Compensation Act and the primary disability monthly benefit payable under the Federal Social Security Act regardless of actual receipt of such benefit…