Denton v. International Health & Life Insurance Co.

This is an action to recover benefits under a group accident and health policy issued by defendant. The action was tried by the court without a jury on stipulated facts. The court entered judgment for the plaintiff for the benefits payable under the policy less the amount previously recovered from a third party together with interest, attorney fees and costs. Plaintiff appeals from the judgment “in so far as it ordered the deduction of the amount previously recovered through a guardian’s release from the amount recovered by the plaintiff from the defendant” [the third party].

On July 1, 1971,…