Comprehensive Holocaust Accountability in Insurance Act - Authorizes the States to establish information requirements on insurers as a condition of doing insurance business in the host State.
Permits a State to require that an insurer provide specified information regarding Holocaust era insurance policies, including policies sold or held.
Permits a State to require that an insurer certify that: (1) proceeds of the policy were paid; (2) the beneficiaries of the policy or heirs could not, after diligent search, be located, and the proceeds were distributed to Holocaust survivors or charities; (3) a court of law has certified a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed.
Establishes a Federal cause of action for any covered claim brought under this Act against one of several specified foreign insurance companies that arises out of the insurance coverage involved in an original request for payment made by a listed Holocaust victim or the heirs of beneficiaries of such victim.
Requires an action brought under this Act to be filed not later than ten years after its enactment.
Lists covered foreign insurance companies.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 972 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 972
To clarify the authority of States to establish conditions for insurers
to conduct the business of insurance within a State based on the
provision of information regarding Holocaust era insurance policies of
the insurer, to establish a Federal cause of action for claims for
payment of such insurance policies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2003
Mr. Coleman introduced the following bill; which was read twice and
referred to the Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYY
_______________________________________________________________________
A BILL
To clarify the authority of States to establish conditions for insurers
to conduct the business of insurance within a State based on the
provision of information regarding Holocaust era insurance policies of
the insurer, to establish a Federal cause of action for claims for
payment of such insurance policies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Holocaust
Accountability in Insurance Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Between 1933 and 1945, the Nazi regime and its
collaborators conducted systematic, bureaucratic, and State-
sponsored persecution and murder of approximately 6,000,000
Jews--the genocidal act known as the Holocaust.
(2) Before and during World War II, millions of European
Jews purchased, in good faith, life insurance policies with
certain European insurance companies because these policies
were a popular form of savings and investment that provided a
means of safeguarding family assets, assisting in retirement
planning, providing for a dowry, or saving for the education of
children.
(3) After the Nazis came to power in Germany, they
systematically confiscated the insurance assets, including the
cash value of life insurance policies, of Jews and other
designated enemies of the Nazi regime.
(4) After the conclusion of World War II, European insurers
often rejected insurance claims of Holocaust victims and heirs
who lacked required documentation, such as death certificates.
(5) During the 50 years since the end of the war, only a
small percentage of Holocaust victims and their families have
been successful in collecting on their policies.
(6) In 1998, the International Commission on Holocaust Era
Insurance Claims (ICHEIC) was established by State insurance
regulators in the United States, European insurers, and certain
nongovernmental organizations to act as a facilitator between
insurers and beneficiaries to help expedite payouts on
contested insurance policies.
(7) To date ICHEIC has received more than 90,000 claims and
has only made 2,281 settlement offers, which amounts to a
resolution rate of less than a 3 percent.
(8) These insurance payments should to be expedited to the
victims of the most heinous crime of the 20th Century to ensure
that they do not become victims a second time.
(9) States should be allowed to collect Holocaust-era
insurance information from foreign-based insurance companies
that want to do business in such States.
(10) Holocaust victims and their families should be able to
recover claims on Holocaust era insurance policies in Federal
court when they consider it necessary to seek redress through
the judicial system.
SEC. 3. STATE AUTHORITY TO ESTABLISH REQUIREMENTS FOR CONDUCTING
INSURANCE BUSINESS.
(a) In General.--A State may establish requirements on insurers as
a condition of doing insurance business in that State, to the extent
such requirements are consistent with the due process guarantees of the
Constitution of the United States, as follows:
(1) Information requirements.--The State may require that
an insurer provide to the State the following information
regarding Holocaust era insurance policies:
(A) Whether the insurer, or any affiliate or
predecessor company, sold any such policies.
(B) The number of such policies sold by the
insurer, and any affiliates and predecessor companies,
and the number the insurer and its affiliates currently
have in their possession.
(C) The identity of the holder and beneficiary of
each such policy sold or held and the current status of
each such policy.
(D) The city of origin, domicile, and address for
each policyholder listed.
(E) If an insurer has no such policies to report
because records are no longer in the possession of the
insurer or its affiliates, a statement explaining the
reasons for the lack of possession of such records.
(F) Any other information regarding such policies
as the State considers appropriate.
(2) Requirements regarding payment of policies.--A State
may require that an insurer certify that, with respect to any
Holocaust era insurance policies sold or at any time held by
the insurer--
(A) the proceeds of the policy were paid;
(B) the beneficiaries of the policy or heirs or
such beneficiaries could not, after diligent search, be
located, and the proceeds were distributed to Holocaust
survivors or charities;
(C) a court of law has certified a plan for the
distribution of the proceeds; or
(D) the proceeds have not been distributed.
(b) Holocaust Era Insurance Policies.--In this section, the term
``Holocaust era insurance policy'' means a policy for insurance
coverage that--
(1) was in force at any time during the period beginning
with 1920 and ending with 1945; and
(2) has a policy beneficiary, policyholder, or insured life
that is a listed Holocaust victim.
SEC. 4. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS.
(a) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause of
action for any covered claim.
(2) Statute of limitations.--Any action brought under
paragraph (1) shall be filed not later than 10 years after the
date of the enactment of this Act.
(b) Subject Matter Jurisdiction.--The district courts shall have
original jurisdiction of any civil action on a covered claim (whether
brought under subsection (a) or otherwise).
(c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4
of the Federal Rules of Civil Procedure to the contrary, in a civil
action on a covered claim (whether brought under subsection (a) or
otherwise) commenced in a district where the defendant is not a
resident--
(1) the court may exercise jurisdiction over such defendant
on any basis not inconsistent with the Constitution of the
United States; and
(2) service of process, summons, and subpoena may be made
on such defendant in any manner not inconsistent with the
Constitution of the United States.
(d) Definitions.--In this section:
(1) Covered claim.--The term ``covered claim'' means a
claim against a covered foreign insurance company that arises
out of the insurance coverage involved in an original request.
(2) Original request.--The term ``original request'' means
a request that--
(A) seeks payment of any claim on insurance
coverage that--
(i) was provided by a covered foreign
insurance company;
(ii) had as the policyholder, insured, or
beneficiary a listed Holocaust victim; and
(iii) was in effect during any portion of
the 13-year period beginning with 1933 and
ending with 1945; and
(B) was made by a listed Holocaust victim, or the
heirs of beneficiaries of such victim, to the covered
foreign insurance company or the International
Commission on Holocaust Era Insurance Claims.
(3) Covered foreign insurance company.--The term ``covered
foreign insurance company'' means each of the following
companies, and its affiliates and predecessor companies:
(A) Assicurazioni Generali S.p.A.
(B) Union Des Assurances de Paris.
(C) Victoria Lebenversicherungs AG.
(D) Winterthur Lebensversicherungs Gesellschaft.
(E) Allianz Lebensversicherungs AG.
(F) Wiener Allianz Versicherungs AG.
(G) Riunione Adriatica di Sicurta.
(H) Vereinte Lebensversicherungs AG.
(I) Basler Lebens-Versicherungs Gesellschaft.
(J) Deutscher Ring Lebensversicherungs AG.
(K) Nordstern Lebensversicherungs AG.
(L) Gerling Konzern Lebensversicherungs AG.
(M) Manheimer Lebensversicherung AG.
(N) Der Anker.
(O) Allgemeine Versicherungs AG.
(P) Zuerich Lebensversicherungs Gesellschaft.
(Q) Any other foreign insurance company that a
State or the Attorney General determines was in a
position to have financial dealings with any individual
who was a victim of the Holocaust.
SEC. 5. LISTED HOLOCAUST VICTIMS.
In this Act, the term ``listed Holocaust victim'' means the
following individuals:
(1) List of survivors.--Any individual whose name is on the
list of Jewish Holocaust Survivors maintained by the United
States Holocaust Memorial Museum in Washington, D.C.
(2) List of deceased.--Any individual whose name is on the
list of individuals who died in the Holocaust maintained by the
Yad Veshem of Jerusalem in its Hall of Names.
(3) Other lists.--Any individual whose name is on any list
of Holocaust victims that is designated as appropriate for use
under this Act by the chief executive officer of a State or a
State insurance commissioner or other principal insurance
regulatory authority of a State.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5665)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5665)
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