1(1) 2SHORT TITLE.4-5This section may be cited as the “Holocaust Victims Assistance Act.”
16(2) 17INTENT; PURPOSE.19-20It is the Legislature’s intent that the potential and actual insurance claims, actual financial claims, and the assets and property of Holocaust victims and their heirs and beneficiaries be expeditiously identified and properly paid, compensated, or returned. The Legislature also intends that Holocaust victims and their families receive appropriate assistance in the filing and payment of their rightful claims, and in addressing the effects of the nonpayment of claims or nonreturn of confiscated assets and property on the victims, including assistance with gaining access to funding provided to address such effects.
111(3) 112DEFINITIONS.113-114As used in this section, the term:121(a) 122“Holocaust victim” means any person who lost his or her life or property as a result of discriminatory laws, policies, or actions targeted against discrete groups of persons between 1920 and 1945, inclusive, in Nazi Germany, areas occupied by Nazi Germany, or countries allied with Nazi Germany.
169(b) 170“Insurance policy” means, but is not limited to, life insurance, property insurance, or education policies.
185(c) 186“Legal relationship” means any parent, subsidiary, or affiliated company with an insurer doing business in this state.
203(d) 204“Proceeds” means the face or other payout value of policies, annuities, or other financial instruments or assets, plus reasonable interest to the date of payment without diminution for wartime or immediate postwar currency devaluation.
238(4) 239ASSISTANCE TO HOLOCAUST VICTIMS.243-244The department shall establish a toll-free telephone number, available in appropriate languages, to assist any person seeking to recover insurance claims or other financial proceeds or property owed to a Holocaust victim, and to assist through education to mitigate the effects of the nonpayment of claims or nonreturn of property on Holocaust survivors.
297(5) 298PROOF OF A CLAIM.302-303Any insurer doing business in this state, in receipt of a claim from a Holocaust victim or from a beneficiary, descendant, or heir of a Holocaust victim, shall:331(a) 332Diligently and expeditiously investigate all such claims.
339(b) 340Allow such claimants to meet a reasonable, not unduly restrictive, standard of proof to substantiate a claim, pursuant to standards established by the department.
364(c) 365Permit claims irrespective of any statute of limitations or notice requirements imposed by any insurance policy issued.
382(6) 383STATUTE OF LIMITATIONS.386-387Notwithstanding any law or agreement among the parties to an insurance policy to the contrary, any action brought by Holocaust victims or by a beneficiary, heir, or a descendant of a Holocaust victim seeking proceeds of an insurance policy issued or in effect between 1920 and 1945, inclusive, may not be dismissed for failure to comply with the applicable statute of limitations or laches.
451(7) 452REPORTS FROM INSURERS.455-456(a) 457Any insurer doing business in this state has an affirmative duty to ascertain the following to the extent possible and report to the department all efforts made and the results of such efforts:4901. 491Any legal relationship with an international insurer that issued an insurance policy to a Holocaust victim between 1920 and 1945, inclusive.
5122. 513The number and total value of such policies.
5213. 522Any claim filed by a Holocaust victim, his or her beneficiary, heir, or descendant that has been paid, denied payment, or is pending.
5454. 546Attempts made by the insurer to locate the beneficiaries of any such policies for which a claim of benefits has not been made.
5695. 570An explanation of any denial or pending payment of a claim to a Holocaust victim, his or her beneficiary, heir, or descendant.
592(b) 593Insurers shall timely file a new report if there are any changes to the previous report, or if requested to do so by the department. Insurers shall timely provide any information regarding unpaid Holocaust claims or any information necessary to substantiate the accuracy of such reports upon the request of the department.
645(8) 646REPORTS TO THE LEGISLATURE.650-651By July 1 of each year, the department shall report to the Legislature:664(a) 665The number of insurers doing business in this state which have a legal relationship with an international insurer that could have issued a policy to a Holocaust victim between 1920 and 1945, inclusive.
698(b) 699A list of all claims paid, denied, or pending to a Holocaust victim, his or her beneficiary, heir, or descendant.
719(c) 720Any efforts made on behalf of Holocaust victims to secure financial reparations or other assistance.
735(9) 736PENALTIES.737-738In addition to any other penalty provided under this chapter, any insurer or person who violates the provisions of this section is subject to an administrative penalty of $1,000 per day for each day such violation continues.
776(10) 777PRIVATE RIGHT OF ACTION.781-782An action to recover damages caused by a violation of this section must be commenced within 5 years after the cause of action has accrued. Any person who shall sustain damages by the reason of a violation of this section shall recover threefold the actual damages sustained thereby, as well as costs not exceeding $50,000, and reasonable attorneys’ fees. At or before the commencement of any civil action by a party, notice thereof shall be served upon the department.
862(11) 863RULES.864-865The department, by rule, shall provide for the implementation of this section by establishing procedures and related forms for facilitating, monitoring, and verifying compliance with this section and for the establishment of a restitution and assistance program for Holocaust victims, survivors, and their heirs and beneficiaries.
911(12) 912SEVERABILITY.913-914If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable.
