Benesowitz v. Metropolitan Life Insurance

POOLER, Circuit Judge.

Plaintiff Mitchell Benesowitz appeals a judgment of the United States District Court for the Eastern District of New York (Thomas C. Platt, Judge,) dismissing his claim for long-term disability (“LTD”) benefits. The employer plan providing LTD benefits to Benesowitz is subject to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., but, to resolve this appeal, we must construe New York Insurance Law § 3234(a)(2), which provides: “No pre-ex-isting condition provision shall exclude coverage for a period in excess of twelve months following the…