Smith v. Unity Industrial Life Ins. Co.

Plaintiff brought this suit to recover disability benefits amounting to $105, plus penalties and attorneys' fees, allegedly due him on a health, accident and life industrial insurance policy which was issued to him by the defendant on July 5th, 1920.

The defendant admits the insurance contract; that it is in full force and that the plaintiff sustained a disability which would ordinarily entitle him to recover the sum demanded. It, however, resists any liability on the ground that plaintiff is indebted to it in the sum of $244.10, representing prior overpayments of disability benefits made by…