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State Offset Statutes Put Brakes to Insurer's Effort to Half Disability Benefits
DeBofsky, Sherman & Casciari, PC Link to more items from this source
Aug. 4, 2017
"A recent ruling from the [Second Circuit] looked at whether a disability insurer could properly offset an insured's personal-injury recovery and decided that Section 5-335 of the New York General Obligations Law precluded the claimed offset. Section 5-335 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.' The court held that the New York statute survived an [ERISA] pre-emption challenge and precluded Aetna's efforts to reduce Savatore Arnone's disability benefits." [Arnone v. Aetna Life Ins. Co., No. 15-2322 (2nd Cir. June 22, 2017)]

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