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Chapter 4. Holocaust Era Insurance Registry of California Insurance Code >> Division 3. >> Chapter 4.
This chapter shall be known and may be cited as the
Holocaust Victim Insurance Relief Act of 1999.
The Legislature finds and declares the following:
(a) During World War II, untold millions of lives and property were destroyed.
(b) In addition to the many atrocities that befell the victims of the Nazi regime, insurance claims that rightfully should have been paid out to the victims and their families, in many cases, were not.
(c) In many instances, insurance company records are the only proof of insurance policies held. In some cases, recollection of those policies' very existence may have perished along with the Holocaust victims.
(d) At least 5,600 documented Holocaust survivors are living in California today. Many of these survivors and their descendents have been fighting for over 50 years to persuade insurance companies to settle unpaid or wrongfully paid claims. Survivors are asking that insurance companies come forth with any information they possess that could show proof of insurance policies held by Holocaust victims and survivors, in order to ensure that closure on this issue is swiftly brought to pass.
(e) Insurance companies doing business in the State of California have a responsibility to ensure that any involvement they or their related companies may have had with insurance policies of Holocaust victims are disclosed to the state and to ensure the rapid resolution of these questions, eliminating the further victimization of these policyholders and their families.
(f) The international Jewish community is in active negotiations with responsible insurance companies through the International Commission on Holocaust Era Insurance Claims to resolve all outstanding insurance claims issues. This chapter is necessary to protect the claims and interests of California residents, as well as to encourage the development of a resolution to these issues through the international process or through direct action by the State of California, as necessary.
(a) During World War II, untold millions of lives and property were destroyed.
(b) In addition to the many atrocities that befell the victims of the Nazi regime, insurance claims that rightfully should have been paid out to the victims and their families, in many cases, were not.
(c) In many instances, insurance company records are the only proof of insurance policies held. In some cases, recollection of those policies' very existence may have perished along with the Holocaust victims.
(d) At least 5,600 documented Holocaust survivors are living in California today. Many of these survivors and their descendents have been fighting for over 50 years to persuade insurance companies to settle unpaid or wrongfully paid claims. Survivors are asking that insurance companies come forth with any information they possess that could show proof of insurance policies held by Holocaust victims and survivors, in order to ensure that closure on this issue is swiftly brought to pass.
(e) Insurance companies doing business in the State of California have a responsibility to ensure that any involvement they or their related companies may have had with insurance policies of Holocaust victims are disclosed to the state and to ensure the rapid resolution of these questions, eliminating the further victimization of these policyholders and their families.
(f) The international Jewish community is in active negotiations with responsible insurance companies through the International Commission on Holocaust Era Insurance Claims to resolve all outstanding insurance claims issues. This chapter is necessary to protect the claims and interests of California residents, as well as to encourage the development of a resolution to these issues through the international process or through direct action by the State of California, as necessary.
For purposes of this chapter, the following definitions
shall apply:
(a) "Holocaust victim" means any person who was persecuted during the period of 1929 to 1945, inclusive, by Nazi Germany, its allies, or sympathizers.
(b) "Related company" means any parent, subsidiary, reinsurer, successor in interest, managing general agent, or affiliate company of the insurer.
(c) "Proceeds" means the face value or other payout value of insurance policies and annuities plus reasonable interest to date of payment without diminution for wartime or immediate postwar currency devaluation.
(a) "Holocaust victim" means any person who was persecuted during the period of 1929 to 1945, inclusive, by Nazi Germany, its allies, or sympathizers.
(b) "Related company" means any parent, subsidiary, reinsurer, successor in interest, managing general agent, or affiliate company of the insurer.
(c) "Proceeds" means the face value or other payout value of insurance policies and annuities plus reasonable interest to date of payment without diminution for wartime or immediate postwar currency devaluation.
The commissioner shall establish and maintain within the
department a central registry containing records and information
relating to insurance policies, as described in Section 13804, of
Holocaust victims, living and deceased. The registry shall be known
as the Holocaust Era Insurance Registry. The Attorney General, in
coordination with the department, shall establish appropriate
mechanisms to ensure public access to the registry.
(a) Any insurer currently doing business in the state that
sold life, property, liability, health, annuities, dowry,
educational, or casualty insurance policies, directly or through a
related company, to persons in Europe, which were in effect between
1920 and 1945, whether the sale occurred before or after the insurer
and the related company became related, shall, within 180 days
following enactment of this act, file or cause to be filed the
following information with the commissioner to be entered into the
registry:
(1) The number of those insurance policies.
(2) The holder, beneficiary, and current status of those policies.
(3) The city of origin, domicile, or address for each policyholder listed in the policies.
(b) In addition, each insurer subject to subdivision (a) shall certify to any of the following:
(1) That the proceeds of the policies described in subdivision (a) have been paid to the designated beneficiaries or their heirs where that person or persons, after diligent search, could be located and identified.
(2) That the proceeds of the policies where the beneficiaries or heirs could not, after diligent search, be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors.
(3) That a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds.
(4) That the proceeds have not been distributed and the amount of those proceeds. An insurer who certifies as true any material matter pursuant to this subdivision, which the insurer knows to be false, is guilty of a misdemeanor.
(c) An insurer currently doing business in the state that did not sell any insurance policies in Europe prior to 1945, shall not be subject to this section if a related company, whether or not authorized and currently doing business in the state, has made a filing under this section.
(1) The number of those insurance policies.
(2) The holder, beneficiary, and current status of those policies.
(3) The city of origin, domicile, or address for each policyholder listed in the policies.
(b) In addition, each insurer subject to subdivision (a) shall certify to any of the following:
(1) That the proceeds of the policies described in subdivision (a) have been paid to the designated beneficiaries or their heirs where that person or persons, after diligent search, could be located and identified.
(2) That the proceeds of the policies where the beneficiaries or heirs could not, after diligent search, be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors.
(3) That a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds.
(4) That the proceeds have not been distributed and the amount of those proceeds. An insurer who certifies as true any material matter pursuant to this subdivision, which the insurer knows to be false, is guilty of a misdemeanor.
(c) An insurer currently doing business in the state that did not sell any insurance policies in Europe prior to 1945, shall not be subject to this section if a related company, whether or not authorized and currently doing business in the state, has made a filing under this section.
Any insurer that knowingly files information about a policy
required by this chapter that is false shall, with respect to that
policy, be liable for a civil penalty not to exceed five thousand
dollars ($5,000), which penalty is hereby appropriated to the
department to be used by it to aid in the resolution of Holocaust
insurance claims.
The commissioner shall suspend the certificate of authority
to conduct insurance business in the state of any insurer that fails
to comply with the requirements of this chapter by the 210th day
after this section becomes effective, until the time that the insurer
complies with this chapter.
The commissioner shall adopt rules to implement this chapter
within 90 days of its effective date. The rules shall be adopted as
emergency regulations in accordance with Chapter 3.5 (commencing with
Section 11340) of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of the rules shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health and safety, and general welfare.
