House Bill 9231

    Florida House of Representatives - 1999                HR 9231

        By Representative Bloom






  1                         House Resolution

  2         A resolution supporting the rights of Holocaust

  3         victims to receive certain insurance proceeds.

  4

  5         WHEREAS, in 1998 the Florida Legislature passed the

  6  Holocaust Victims Insurance Act to provide that insurance

  7  claims of Holocaust victims and their heirs and beneficiaries

  8  be expeditiously identified and paid, and that Holocaust

  9  victims and their families receive appropriate assistance in

10  the filing and payment of their claims, and

11         WHEREAS, the Department of Insurance has adopted rules

12  to implement the Holocaust Victims Insurance Act, especially

13  the creation of a registry of policy information from the

14  European insurers and their affiliates in this state with

15  respect to policies sold prior to World War II, and the

16  establishment of a restitution program, and

17         WHEREAS, in 1998 the International Commission for the

18  Resolution of Holocaust-Era Insurance Claims was created and

19  included United States Insurance Commissioners,

20  representatives of Jewish organizations, European Insurance

21  Companies, and European regulators, and a chairman selected by

22  the members, to which Bill Nelson was appointed, and

23         WHEREAS, the goal of the commission is to arrive at a

24  framework for the settlement of the insurance claims of

25  Holocaust victims and their beneficiaries, heirs, and

26  descendants, for the purpose of expediting the resolution of

27  these matters to avoid litigation and out of an overdue

28  obligation to pay claims and return assets wrongfully withheld

29  for over five decades, yet there may be pressure from the

30  insurance companies and others to settle on terms less

31  favorable than those intended or allowed by law, or otherwise

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    Florida House of Representatives - 1999                HR 9231

    252-380A-99






  1  on terms that are not just and fair to the Holocaust victims

  2  and their heirs and beneficiaries, and

  3         WHEREAS, the Florida House of Representatives declares

  4  its full support for the rights of victims of the Holocaust

  5  and their heirs and beneficiaries to receive compensation for

  6  all lost assets, including judicial remedies, and also

  7  supports a settlement process through the International

  8  Commission for the Resolution of Holocaust-Era Claims, if it

  9  meets the criteria listed herein and provides Holocaust

10  victims and their heirs and beneficiaries with the ability to

11  obtain full, fair, and expeditious compensation, NOW,

12  THEREFORE,

13

14  Be It Resolved by the House of Representatives of the State of

15  Florida:

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17         That Holocaust survivors or their elected

18  representatives must have the predominant decision-making role

19  regarding the disposition of unclaimed insurance proceeds,

20  including long-term health care for every Holocaust survivor,

21  regardless of whether they recover an actual insurance policy,

22  and regardless of financial need;

23         That insurers must make a full, public disclosure of

24  unpaid Holocaust-era policy holders and named beneficiaries,

25  the values and status of the policies, and other relevant

26  information, so that claimants and potential claimants have an

27  opportunity to become fully apprised of their interests and so

28  the public and the appropriate authorities can understand the

29  magnitude of untraceable or heirless proceeds;

30         That every beneficiary, survivor, or legal heir must be

31  paid a fair value in today's U.S. currency, including compound

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    Florida House of Representatives - 1999                HR 9231

    252-380A-99






  1  interest from the date the policy would have become due and

  2  payable, such as the death of the insured;

  3         That claimants may establish their right to insurance

  4  proceeds with a reasonable and not unduly restrictive standard

  5  of proof, as provided by the Holocaust Victim's Insurance Act.

  6  Standards of proof must be at least as liberal as those

  7  established by the Department of Insurance, and all processes

  8  must be transparent, with the claimants having access to the

  9  insurers' complete files to make a claim or an appeal;

10         That the commission must address all forms of insurance

11  from the Holocaust era;

12         That any provisional settlement amount must be a

13  minimum level for the companies' liability. No maximum

14  liability can be established until the companies have made

15  full and public disclosure of the number and total values of

16  their insurance portfolios from the Holocaust era;

17         That any ultimate resolution must be subjected to a

18  public review process during which the survivor community can

19  have a full opportunity to be apprised of the terms of any

20  claims process, as well as the amounts and process for

21  disposition of any communal resources; and

22         That the Florida House of Representatives will continue

23  to ensure access to this state's courts for any claimant to

24  seek redress for all wrongs committed by any insurer for any

25  claim, including claims covered by the Holocaust Victim's

26  Insurance Act.

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