'Generali' Insurance Claims

Beginning in 1997, victims of the Holocaust and their heirs filed multiple suits seeking to recover unpaid World War II-era insurance policies issued by Assicurazioni Generali, an Italian company, and other European insurers.

This page provides background documents and updates tracking the course of these legal actions and related appeals. The Generali Litigation Timeline features links to many court documents not currently available for free on the internet.  

'GENERALI' LITIGATION UPDATES

Second Circuit rejects appeal of Generali decision

January 15, 2010: the United States Court of Appeals for the Second Circuit affirmed the dismissal of plaintiffs’ claims, agreeing that such claims were preempted by an Executive Branch foreign policy favoring the resolution of such claims solely through an international commission. 

Court of Appeals solicits statement from Executive Branch in Generali suit

August 1, 2008: In an unusual move, the U.S. Court of Appeals requested a statement from the Executive Branch on the question of whether court adjudication of Holocaust-era insurance claims against Italian insurance giant Generali conflicts with the foreign policy of the United States. The request comes over two years after plaintiffs appealed the dismissal by Federal Judge Michael Mukasey of the long-standing suit against Generali (In re Assicurazioni Generali, Docket No. 05-5602, et al.), and signals that the three judge panel is grappling with the issue of executive prerogatives and authority even in the absence of any formal agreements between the U.S. and Italian governments.

The Court's request was directed to Secretary of State Condoleezza Rice, and was then forwarded for action to the Department of Justice. The response is expected around September 30 22, 2008. Generali, plaintiff's attorney Samuel Dubbin and Rep. Ileana Ros-Lehtinen (R-FL), chief sponsor of H.R. 1746 - the Holocaust Insurance Accountability Act, have all submitted comments to the administration on the matter.

UPDATE:  On October 24th, three members of Congress, Rep. Ileana Ros-Lehtinen (R-FL), Rep. Robert Wexler (D-FL), and Steve Chabot (R-OH), filed their own Friend of the Court brief in support of survivors appealing the 2006 Mukasey ruling on the Generali suit. On October 30, the Department of Justice filed a brief in response to the request of the Court of Appeals supporting the arguments of Generali.

Appeal of Generali Class Action settlement denied

June 6, 2008: The U.S. Court of Appeals has denied objections & affirmed the January 2008 District Court approval of the settlement.

Supplemental Briefs filed by all parties in appeal of Generali Settlement

February 29, 2008: Objectors, along with Generali and Plaintiffs' attorneys seeking to settle, have filed another round of supplemental briefs with the United States Court of Appeals for the Second Circuit. The appeal of the settlement is pending.

Appeal of 'Generali' settlement

January 29, 2008: A new legal Brief has been filed on behalf of Holocaust survivors objecting to the Generali Settlement in the United States Court of Appeals for the Second Circuit.

'Generali' Holocaust settlement

January 7, 2008: A Federal judge has re-approved a settlement proposed by the company and some plaintiffs that would settle class-action suits first filed 10 years ago. See coverage in New York Sun and New York Times.

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