United States Court of Appeals for the Second Circuit August Term, 2021

(Argued: June 6, 2022 Final Briefs Submitted: January 23, 2024 Decided: August 8, 2024)

Docket No. 21-1830-cv

_____________________________________

ANDREW NITKEWICZ, as Trustee of the Joan C. Lupe Family Trust and on behalf of himself and all others similarly situated,

Plaintiff-Appellant,

v.

LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK,

Defendant-Appellee. _____________________________________ Before:

CALABRESI, LOHIER, and SULLIVAN, Circuit Judges.

The United States District Court for the Southern District of New York (Cronan, J.) concluded that Lincoln Life & Annuity Company of New York was not obligated under Section 3203(a)(2) of the New York Insurance Law to refund a payment that Andrew Nitkewicz, as trustee of the Joan C.