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Session Laws, 1999
Volume 796, Page 4037   View pdf image
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BETWEEN JANUARY 1, 1929, AND DECEMBER 31, 1945, FROM AN INDIVIDUAL THAT
THE INSURER KNOWS, OR REASONABLY SHOULD HAVE KNOWN, IS A HOLOCAUST
VICTIM SHALL:

(1) DILIGENTLY AND EXPEDITIOUSLY INVESTIGATE THE CLAIM;

(2) ALLOW CLAIMANTS TO PROVIDE ALTERNATIVE DOCUMENTATION
THAT DOES NOT MEET THE USUAL STANDARDS OF PROOF REQUIRED BY THE
INSURER TO SUBSTANTIATE THE PARTICULAR CLAIM, SUBJECT TO STANDARDS
ESTABLISHED FOR ALTERNATIVE DOCUMENTATION AS REQUIRED BY REGULATIONS
ADOPTED BY THE COMMISSIONER; AND

(3) ATTEMPT TO RESOLVE, SETTLE, AND, IF APPROPRIATE, MAKE
PAYMENTS ON CLAIMS IRRESPECTIVE OF ANY STATUTE OF LIMITATIONS OR NOTICE
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


 

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Session Laws, 1999
Volume 796, Page 4037   View pdf image
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