AETNA LIFE INS. CO. v. BIG Y FOODS, INC.

Docket No. 20-3853 August Term, 2021.

52 F.4th 66 (2022)

AETNA LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. BIG Y FOODS, INC., Defendant-Appellant, and Nellina Guerrera, Carter Mario Law Firm, Sean Hammil, Danielle Wisniowski, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 26, 2022.


Attorney(s) appearing for the Case

Eric P. Smith , Faxon Law Group, LLC, New Haven, CT., for Defendant-Appellant;

Michael P. Abate , Kaplan Johnson Abate & Bird LLP, Louisville, KY ( Brian A. Bender, Esq. , Harris Beach PLLC, New York, NY, on the brief), for Plaintiff-Appellee.

David Farber , King & Spalding LLP, Washington, D.C., for amici curiae American Property Casualty Insurance Association, The Marc Coalition, the National Association of Mutual Insurance Companies, the New York Insurance Association, and DRI, Inc., in support of Big Y. Foods, Inc.

Ryan L. Woody , Matthiesen, Wickert & Lehrer, S.C., Hartford, WI, for amicus curiae America's Health Insurance Plans in support of Aetna Life Insurance Company.

Arlenys Perdomo , MSP Recovery Law Firm, Coral Gables, FL, for amicus curiae MSP Recovery, LLC in support of Aetna Life Insurance Company.

Before: POOLER, SACK, AND NARDINI, Circuit Judges.


Nellina Guerrera was injured at a Big Y Foods, Inc. supermarket store. Her medical care was partly paid for by her Medical Advantage Organization ("MAO"), Aetna Life Insurance Company. Aetna sought reimbursement from Big Y for the medical costs it paid to Guerrera. Big Y refused to pay, and Aetna brought suit against Big Y in...

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