ERISA Suit Over Aetna's Benefits Denial Tossed

Law360, New York (February 26, 2010, 2:05 PM EST) -- A federal court has dismissed a disabled man’s would-be class action against Aetna Life Insurance Co. after finding that the law controlling his employer’s benefits plan does not bar restrictions on pre-existing conditions.

In granting summary judgment for Aetna, Judge William G. Young of the U.S. District Court for the Southern District of New York said Tuesday that Florida law, not New York law, governed the plan.

Under New York law, insurers are prohibited from imposing an absolute bar to coverage for disabilities stemming from pre-existing...
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