H.R. 4596: "Holocaust Insurance Accountability Act"

Legislation currently pending before the 111th Congress to allow for enforcement of State disclosure laws and access to courts for Holocaust-era insurance policy claims.

Background on an earlier 2007-08 version of the legislation (H.R. 1746 in 110th Congress) is available by clicking here.

The Holocaust Insurance Accountability Act of 2010 — HR 4596 — was introduced in February 2010 by chief sponsor Rep. Ileana Ros-Lehtinen (FL). It currently has 36 co-sponsors.

The bill:

• Declares that no executive agreement between the United States and any foreign country shall invalidate or preempt any state law creating a cause of action against an insurer or related company based upon a claim arising out of or related to a covered insurance policy that: (1) was in effect at any time after January 30, 1933, and before December 31, 1945; and (2) was issued to a policyholder domiciled in any area occupied or controlled by Nazi Germany.

• Deems any state law enacted as of March 1, 1998, which requires an insurer doing business in that state to disclose information regarding such a covered policy to be effective upon its enactment.

• Authorizes the President to waive application of this Act upon: (1) a determination that the executive agreement is vital to U.S. national security interests; and (2) presentation of a report by the President to certain congressional committees explaining the reasons for such determination.

• Prohibits a court from dismissing a claim that is brought under a state law within 10 years after enactment of this Act on the ground that the claim is barred under any statute of limitations.

• Declares this Act applicable to any claim brought under state law before, on, or after enactment of this Act including: (1) any claim dismissed on the ground of executive preemption before the date of the enactment of this Act; and (2) any claim that is deemed released as a result of the settlement of a class action entered into before enactment of this Act if the claimant did not receive any payment pursuant to the settlement.

February 4, 2010

H.R. 4596 Introduced: "Holocaust Insurance Accountability Act of 2010"

Rep. Ileana Ros-Lehtinen joined by bipartisan co-sponsors

"This Act expresses the intent of Congress to deem valid State laws protecting the rights of Holocaust survivors and the heirs and beneficiaries of Holocaust victims to obtain information from insurers and to bring actions in courts of proper jurisdiction to recover unpaid funds from entities that participated in the theft of family insurance assets or the affiliates of such entities."

The full text of the legislation and list of initial sponsors is here. A statement released by Congresswoman Ros-Lehtinen is here.