obligated to be paid or reimbursed by an insurer.” N.Y. it shall be conclusively presumed that the settlement does not include any compensation for. We conclude that Aetna’s determination contravened New York General Obligations Law § 5 335, which provides, “When a person settles a claim. Following the settlement, Aetna reduced Arnone’s Plan benefits, on the theory that the settlement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 payment duplicated sums otherwise due Arnone under the Plan. Arnone began collecting disability benefits after the accident he also sued in New York state court those allegedly responsible for his injuries and settled that suit. After an accident, Arnone became disabled, entitling him to long term disability benefits under a benefit plan created by his employer, administered and insured by Aetna, and governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. _ Appellant Salvatore Arnone, a New York resident, appeals from part of a Jjudgment of the United States District Court for the Eastern District of New York (Feuerstein, J.), denying his motion for summary judgment and granting the summary judgment motion filed by Appellee Aetna Life Insurance Company, an insurer registered to do business in New York. _ B e f o r e : 1 2 3 4 5 6 7 8 9 10 11 12 13 POOLER, LYNCH, and CARNEY, Circuit Judges. 15 2322 _ SALVATORE ARNONE, Plaintiff Counter Defendant Appellant, –v.– AETNA LIFE INSURANCE COMPANY, Defendant Counter Claimant Appellee. United States Court of Appeals FOR THE SECOND CIRCUIT _ August Term, 2016 (Argued: AugDecided: June 22, 2017) Docket No.
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