Kevin Horbatiuk Wins Dismissal of State Claims in Southern District of New York Erisa Case

April 30, 2018

On April 24, 2018 Kevin Horbatiuk won a dismissal of all state court claims raised against our client in Saini v. Cigna Life Insurance Company of New York, Civil Action No.:  17 CIV. 1922 (KPF) (U.S. Dist. Ct SDNY).  The plaintiff filed a claim for benefits under an ERISA governed group accident policy after the sudden unexpected death of her husband while swimming in the pool in her apartment complex.  Her claim for benefits was denied under the group accident policy because the post mortem investigation determined that the cause of death was a latent medical condition and not an accident.  Suit was filed seeking the benefit pursuant to ERISA and plaintiff also raised claims under the New York Insurance Law and the New York General Business Law. Kevin argued that there was no private right of action under the Insurance Law and that ERISA pre-empted any claims under the General Business Law.    District Judge Katherine Polk Failla agreed and granted our motion seeking dismissal of all state law claims.

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