Legal Opinion
Arnone v. Aetna Life Insurance Co.
Court of Appeals for the Second Circuit
Decided June 22, 2017No. Docket No. 15-2322PublishedCited by 29 opinions
1Opinion of the Court
SUSAN L. CARNEY, Circuit Judge:
Section 5-335 of the New York General Obligations Law provides that personal injury settlements “shall be conclusively presumed” not to include “any compensation for the cost of health care services, loss of earnings or other economic loss[es]” that “have been or are obligated to be paid or reimbursed by an insurer.” N.Y. Gen. Oblig. Law § 5-335(a). When section 5-335 is applied, it effectively bars an insurer from reducing the benefits owed to an insured by the amounts the insured receives from a personal injury *100settlement.1 In this appeal, we consider whether…
2Cases cited14 opinions
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Gloria Pagan v. Nynex Pension Plan and Nynex CorporationCourt of Appeals for the Second Circuit · 1995
- Anna Fay and Louis Fay v. Oxford Health Plan, Mount Sinai Medical Center Point-Of-Service-PlanCourt of Appeals for the Second Circuit · 2002
- M&G Polymers United States, LLC v. TackettSupreme Court of the United States · 2015
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Cognetta v. BonavitaDistrict Court, E.D. New York · 2018
- Beardsley v. Hartford Fire Insurance CompanyDistrict Court, D. Connecticut · 2020
- Bruderman Asset Management, LLC v. Real Time Consultants, Inc.District Court, S.D. New York · 2021
- Campbell v. We Transport, Inc.District Court, E.D. New York · 2020
- Cotiviti Holdings, Inc. v. McDonaldDistrict Court, S.D. New York · 2021
24 more not listed; retrieve them via the Exa API.