96 Cal. Daily Op. Serv. 3553, 96 Daily Journal D.A.R. 5807 Marcia Abramson, Individually and as and Personal Representative of the Estate of Maxwell Abramson, M.D., Deceased Rebecca Abramson, Stuart Abramson and Deborah Abramson Dickerson v. Aetna Casualty & Surety Company, a Connecticut Corporation

83 F.3d 1173 96 Cal. Daily Op. Serv. 3553 , 96 Daily Journal D.A.R. 5807 Marcia ABRAMSON, Individually and as Executor and Personal Representative of the Estate of Maxwell Abramson, M.D., Deceased; Rebecca Abramson, Stuart Abramson And Deborah Abramson Dickerson, Plaintiffs-Appellees, v. AETNA CASUALTY & SURETY COMPANY, a Connecticut Corporation, Defendant-Appellant. No. 94-15679. United States Court of Appeals, Ninth Circuit. May 21, 1996. Before: DONALD P. LAY, * GOODWIN and PREGERSON, Circuit Judges. ORDER 1 Aetna Casualty & Surety Company ("Aetna") has filed a petition for rehearing and suggestion for rehearing en banc. In its petition, Aetna urges us to apply the setoff provision in its insurance policy with Abramson required under New Jersey law. The setoff provision would require an injured party to offset insurance benefits by any other settlements received from other tortfeasors involved in the same accident. 2 This precise argument was not addressed in Aetna's brief. Aetna did argue that the setoff provision should be followed under New Jersey law. See Brief for Appellant at 21-22. It did not argue, however, that the setoff provision should be applied in the…