Senate Bill 2540

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 2540

    By Senators Geller, Klein, Forman, Campbell, Meadows, Silver,
    Rossin, Dyer, Casas, Gutman, Crist, Jones, Harris and Dudley




    29-1872-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to insurance claims of

  3         Holocaust victims and their heirs and

  4         beneficiaries; creating s. 626.9543, F.S.;

  5         providing a short title; providing legislative

  6         intent and purpose; requiring the Department of

  7         Insurance to provide certain assistance to

  8         Holocaust victims; providing requirements for

  9         insurers relating to insurance claims from

10         beneficiaries, descendants, or heirs of

11         Holocaust victims; limiting certain statutes of

12         limitation under certain circumstances;

13         requiring insurers to report certain

14         information to the department; requiring the

15         department to report to the Legislature;

16         providing penalties; providing requirements for

17         bringing certain causes of action; providing

18         severability; providing an effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 626.9543, Florida Statutes, is

23  created to read:

24         626.9543  Holocaust victims.--

25         (1)  SHORT TITLE.--This section may be cited as the

26  "Holocaust Victims Insurance Act."

27         (2)  INTENT; PURPOSE.--It is the Legislature's intent

28  that the potential and actual insurance claims of Holocaust

29  victims and their heirs and beneficiaries be expeditiously

30  identified and properly paid and that Holocaust victims and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2540
    29-1872-98                                              See HB




  1  their families receive appropriate assistance in the filing

  2  and payment of their rightful claims.

  3         (3)  DEFINITIONS.--For the purpose of this section:

  4         (a)  "Department" means the Department of Insurance.

  5         (b)  "Holocaust victim" means any person who lost his

  6  or her life or property as a result of discriminatory laws,

  7  policies, or actions targeted against discrete groups of

  8  persons between 1920 and 1945, inclusive, in Nazi Germany,

  9  areas occupied by Nazi German, or countries allied with Nazi

10  Germany.

11         (c)  "Insurance policy" means, but is not limited to,

12  life insurance, property insurance, or education policies.

13         (d)  "Legal relationship" means any parent, subsidiary,

14  or affiliated company with an insurer doing business in this

15  state.

16         (e)  "Proceeds" means the face or other payout value of

17  policies and annuities plus reasonable interest to date of

18  payments without diminution for wartime or immediate postwar

19  currency devaluation.

20         (4)  ASSISTANCE TO HOLOCAUST VICTIMS.--The department

21  shall establish a toll-free telephone number, available in

22  appropriate languages, to assist any person seeking to recover

23  proceeds from an insurance policy issued to a Holocaust

24  victim.

25         (5)  PROOF OF A CLAIM.--Any insurer doing business in

26  this state, in receipt of a claim from a Holocaust victim or

27  from a beneficiary, descendent or heir of a Holocaust victim,

28  shall:

29         (a)  Diligently and expeditiously investigate all such

30  claims.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2540
    29-1872-98                                              See HB




  1         (b)  Allow such claimants to meet a reasonable, not

  2  unduly restrictive, standard of proof to substantiate a claim,

  3  pursuant to standards established by the department.

  4         (c)  Permit claims irrespective of any statute of

  5  limitations or notice requirements imposed by any insurance

  6  policy issued, provided the claim is submitted within 10 years

  7  after effective date of this section.

  8         (6)  STATUTE OF LIMITATIONS.--Notwithstanding any law

  9  or agreement among the parties to an insurance policy to the

10  contrary, any action brought by Holocaust victims or by a

11  beneficiary, heir, or descendent of a Holocaust victim seeking

12  proceeds of an insurance policy issued or in effect between

13  1920 and 1945, inclusive, shall not be dismissed for failure

14  to comply with the applicable statute of limitations or laches

15  provided the action is commenced within 10 years after the

16  effective date of this section.

17         (7)  REPORTS FROM INSURERS.--Any insurer doing business

18  in this state shall have an affirmative duty to ascertain and

19  report to the department within 90 days after the effective

20  date of this section and annually thereafter:

21         (a)  Any legal relationship with an international

22  insurer that issued an insurance policy to a Holocaust victim

23  between 1920 and 1945, inclusive.

24         (b)  The number and total value of such policies.

25         (c)  Any claim filed by a Holocaust victim, his or her

26  beneficiary, heir, or descendent that has been paid, denied

27  payment, or is pending.

28         (d)  Attempts made by the insurer to locate the

29  beneficiaries of any such policies for which no claim of

30  benefits has been made.

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    Florida Senate - 1998                                  SB 2540
    29-1872-98                                              See HB




  1         (e)  An explanation of any denial or pending payment of

  2  a claim to a Holocaust victim, his or her beneficiary, heir,

  3  or descendent.

  4         (8)  REPORTS TO THE LEGISLATURE.--The department shall

  5  report to the Legislature one year after the effective date of

  6  this section and annually thereafter:

  7         (a)  The number of insurers doing business in this

  8  state which have a legal relationship with an international

  9  insurer that could have issued a policy to a Holocaust victim

10  between 1920 and 1945, inclusive.

11         (b)  A list of all claims paid, denied, or pending to a

12  Holocaust victim, his or her beneficiary, heir, or descendent.

13         (c)  A summary of the length of time for the processing

14  and disposition of a claim by the insurer.

15         (9)  PENALTIES.--In addition to any other penalty

16  provided under this chapter, any insurer or person who

17  violates the provisions of this section is subject to an

18  administrative penalty of $1,000 per day for each day such

19  violation continues.

20         (10)  PRIVATE RIGHT OF ACTION.--An action to recover

21  damages caused by a violation of this section must be

22  commenced within 5 years after the cause of action has

23  accrued.  Any person who shall sustain damages by the reason

24  of a violation of this section shall recover threefold the

25  actual damages sustained thereby, as well as costs not

26  exceeding $50,000, and reasonable attorneys' fees.  At or

27  before the commencement of any civil action by a party, notice

28  thereof shall be served upon the department.

29         (11)  RULES.--The department, by rule, shall provide

30  for the implementation of the provisions of this section by

31  establishing procedures and related forms for facilitating,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2540
    29-1872-98                                              See HB




  1  monitoring, and verifying compliance with this section and for

  2  the establishment for a restitution program for Holocaust

  3  victims, survivors, and their heirs and beneficiaries.

  4         (12)  SEVERABILITY.--If any provision of this section

  5  or the application thereof to any person or circumstance is

  6  held invalid, the invalidity shall not affect other provisions

  7  or applications of the section which can be given effect

  8  without the invalid provision or application, and to this end

  9  the provisions of this section are declared severable.

10         Section 2.  This act shall take effect upon becoming a

11  law.

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13            *****************************************

14                          HOUSE SUMMARY

15
      Creates the "Holocaust Victims Insurance Act of 1998" to
16    expeditiously identify and properly pay the potential and
      actual insurance claims of Holocaust victims and their
17    heirs and beneficiaries and provides that Holocaust
      victims and their families receive appropriate assistance
18    in the filing and payment of their rightful claims.

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