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ARNONE v. AETNA LIFE INS. CO.

Docket No. 15-2322 August Term, 2016.

860 F.3d 97 (2017)

Salvatore ARNONE, Plaintiff-Counter-Defendant-Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 22, 2017.

Attorney(s) appearing for the Case

FRANKLIN P. SOLOMON , Solomon Law Firm, LLC, Cherry Hill, NJ, for Salvatore Arnone.

MICHAEL H. BERNSTEIN ( Matthew P. Mazzola , on the brief), Sedgwick LLP, New York, NY, for Aetna Life Insurance Company.

Before: Pooler, Lynch, and Carney, Circuit Judges.

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...

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