Congressman Kustoff Introduces Holocaust Insurance Accountability Act

WASHINGTON, D.C. — Today, Reps. David Kustoff (R-TN) and Debbie Wasserman Schultz (D-FL) introduced the Holocaust Insurance Accountability Act in the House of Representatives. This bipartisan legislation would allow beneficiaries of Holocaust-era insurance policies to bring civil action in U.S. district courts against the insurer for the covered policy to recover proceeds due or otherwise enforce any rights under the policy. 

"On Holocaust Remembrance Day, we remember the 6 million Jews and millions of others who lost their lives at the hands of the evil Nazi regime," said Congressman Kustoff. "As we reflect on that dark time in our history, we must do all we can to ensure the surviving victims and their families have the support they need. I am proud to introduce the Holocaust Insurance Accountability Act to help beneficiaries of Holocaust-era insurance policies work to recover these unpaid claims. May we never forget the atrocities that occurred during the Holocaust and work to give victims the care they rightfully deserve." 

Background:
The Holocaust Insurance Accountability Act allows a beneficiary (or an heir of a beneficiary) of certain insurance policies in effect during the Holocaust to sue in U.S. district court to enforce rights under such policies. 

• An insurance policy covered under this bill must have been (1) in effect at any time between January 31, 1933, and December 31, 1945, and (2) issued to a policyholder domiciled in Nazi-controlled territory or Switzerland.
• A court shall award to a prevailing beneficiary (1) the amount due under a policy, (2) prejudgment interest of 6% a year, (3) attorney's fees and costs, and (4) treble damages if the insurer acted in bad faith.
• An action under this bill or state law related to a covered insurance policy shall be considered timely if filed within 10 years of this bill's enactment.
• Judgments and agreements entered before this bill's enactment shall not preclude a claim brought under the bill, with certain exceptions. Neither executive agreements between the United States and a foreign government nor U.S. executive foreign policies shall (1) affect or preclude claims brought under this bill, or (2) supersede or preempt any state laws relating to insurance policies covered by this bill.

Click here for the full text of the bill. 
 

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