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Session Laws, 1999
Volume 796, Page 1150   View pdf image
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REQUIREMENTS IMPOSED BY LAW. OR THE INSURANCE POLICY ISSUED TO OR
COVERING THE LIFE, PROPERTY, OR INTERESTS OF A HOLOCAUST VICTIM, IF THE
CLAIM IS SUBMITTED TO THE INSURER WITHIN 10 YEARS AFTER THE EFFECTIVE
DATE OF THIS TITLE.

(B) A VIOLATION OF THIS SECTION IS AN UNFAIR OR DECEPTIVE ACT OR
PRACTICE IN THE BUSINESS OF INSURANCE IN VIOLATION OF TITLE 27 OF THIS
ARTICLE.

(C) (1) THIS TITLE SHALL SERVE AS ADDITIONAL AND CONCLUSIVE NOTICE
THAT THE COMMISSIONER IS CURRENTLY INVESTIGATING ALL CLAIMS PERTAINING
TO THE VICTIMS OF THE HOLOCAUST.

(2) EVIDENCE OF THE INTENTIONAL DESTRUCTION OR ALTERATION OF
ANY RECORDS OR OTHER MATERIALS PERTAINING TO A CLAIM SHALL BE
ADMISSIBLE IN BOTH ADMINISTRATIVE AND JUDICIAL PROCEEDINGS AS EVIDENCE
IN SUPPORT OF ANY CLAIM BEING MADE AGAINST THE INSURER INVOLVING THE
DESTROYED OR ALTERED MATERIAL.

(3) IT MAY BE INFERRED IN AN ADMINISTRATIVE OR JUDICIAL
PROCEEDING THAT THE INTENTIONAL DESTRUCTION OR ALTERATION OF ANY
RECORDS OR OTHER MATERIALS PERTAINING TO A CLAIM WAS DONE IN ORDER TO
PREVENT DISCOVERY OF INFORMATION TO SUPPORT ANY CLAIM OF A HOLOCAUST
VICTIM.

28-104.

(A) NOTWITHSTANDING ANY LAW OR AGREEMENT AMONG THE PARTIES TO
AN INSURANCE POLICY TO THE CONTRARY, ANY ACTION ARISING FROM AN
OCCURRENCE DURING THE PERIOD BETWEEN JANUARY 1, 1929, AND DECEMBER 31,
1945, BROUGHT BY A HOLOCAUST VICTIM SEEKING PROCEEDS OF AN INSURANCE
POLICY ISSUED TO OR COVERING THE LIFE OR PROPERTY OF A HOLOCAUST VICTIM
BEFORE DECEMBER 31,1945, MAY NOT BE DISMISSED FOR FAILURE TO COMPLY WITH
ANY STATUTE OF LIMITATIONS OR LACHES OR OTHER SIMILAR PROVISION OF ANY
APPLICABLE LAW RELATING TO THE TIMELINESS OF THE FILING OF CLAIMS THAT
MIGHT PREVENT A CLAIM FROM BEING HEARD ON ITS MERITS, OR ANY NOTICE
REQUIREMENTS IMPOSED BY ANY INSURANCE POLICY IF THE ACTION IS
COMMENCED WITHIN 10 YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE.

(B) ANY ACTION ARISING FROM AN OCCURRENCE DURING THE PERIOD
BETWEEN JANUARY 1, 1929, AND DECEMBER 31, 1945, BROUGHT BY A HOLOCAUST
VICTIM SEEKING PROCEEDS OF AN INSURANCE POLICY ISSUED TO OR COVERING
THE LIFE OR PROPERTY OF A HOLOCAUST VICTIM BEFORE DECEMBER 31, 1945, MAY
NOT BE STAYED OR DISMISSED UNDER THE MARYLAND RULES OF CIVIL PROCEDURE.

(C) IN RECOGNITION OF THE SIGNIFICANT PERIOD OF TIME THAT HAS
PASSED AND IN ORDER TO EFFECT THE GOALS OF SUBSTANTIAL JUSTICE, THE
RULES REGARDING THE ADMISSIBILITY OF EVIDENCE, AND PRINCIPLES OF LAW OB
OTHER RULES RELATING TO THE ADMISSION OF HEARSAY EVIDENCE SHALL BE
RELAXED AT THE DISCRETION OF THE TRIAL JUDGE IN ANY ACTION OR PROCEEDING
AUTHORIZED BY THIS SECTION.

 

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Session Laws, 1999
Volume 796, Page 1150   View pdf image
 Jump to  
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