We are pleased to report that during this year’s legislative session, the
Department of Insurance worked with members of the Florida legislature to enact the
"Holocaust Victims Insurance Act." This new statute gives Florida the toughest
law in the country on the issue of unpaid World War II-era policies -- a law that is fast
becoming a model for other states to follow. Sponsored by Senator Steve Geller
(D-Hollywood) and Rep. Ken Gottlieb (D-Miramar), the Act passed the Florida House of
Representatives by a vote of 117-0 and passed the Senate by a vote of 36-0. It was signed
into law by Governor Lawton Chiles on May 22, 1998.
The Act provides several forms of relief for Holocaust victims, survivors and their
families, and imposes severe penalties on companies that refuse to produce information
relating to outstanding World War II-era insurance claims or otherwise cooperate with the
Department of Insurance.
The full text of the Holocaust Victims Insurance Act is printed below.
Section 626.9543, Florida Statutes, is created to read:
626.9543 Holocaust victims.--
(1) SHORT TITLE.--This section may be cited as the "Holocaust Victims Insurance
Act."
(2) INTENT; PURPOSE.--It is the Legislature's intent that the potential and actual
insurance claims of Holocaust victims and their heirs and beneficiaries be expeditiously
identified and properly paid and that Holocaust victims and their families receive
appropriate assistance in the filing and payment of their rightful claims.
(3) DEFINITIONS.--For the purpose of this section:
(a) "Department" means the Department of Insurance.
(b) "Holocaust victim" means any person who lost his or her life or property as
a result of discriminatory laws, policies, or actions targeted against discrete groups of
persons between 1920 and 1945, inclusive, in Nazi Germany, areas occupied by Nazi Germany,
or countries allied with Nazi Germany.
(c) "Insurance policy" means, but is not limited to, life insurance, property
insurance, or education policies.
(d) "Legal relationship" means any parent, subsidiary, or affiliated company
with an insurer doing business in this state.
(e) "Proceeds" means the face or other payout value of policies and annuities
plus reasonable interest to date of payments without diminution for wartime or
immediate postwar currency devaluation.
(4) ASSISTANCE TO HOLOCAUST VICTIMS.--The department shall establish a toll-free
telephone number, available in appropriate languages, to assist any person seeking to
recover proceeds from an insurance policy issued to a Holocaust victim.
(5) PROOF OF A CLAIM.--Any insurer doing business in this state, in receipt of a claim
from a Holocaust victim or from a beneficiary, descendent or heir of a Holocaust victim,
shall:
(a) Diligently and expeditiously investigate all such claims.
(b) Allow such claimants to meet a reasonable, not unduly restrictive, standard of proof
to substantiate a claim, pursuant to standards established by the department. (c) Permit
claims irrespective of any statute of limitations or notice requirements imposed by any
insurance policy issued, provided the claim is submitted within 10 years after effective
date of this section.
(6) STATUTE OF LIMITATIONS.--Notwithstanding any law or agreement among the parties to
an insurance policy to the contrary, any action brought by Holocaust victims or by a
beneficiary, heir, or descendent of a Holocaust victim seeking proceeds of an insurance
policy issued or in effect between 1920 and 1945, inclusive, shall not be dismissed for
failure to comply with the applicable statute of limitations or laches provided the action
is commenced within 10 years after the effective date of this section.
(7) REPORTS FROM INSURERS.--Any insurer doing business in this state shall have an
affirmative duty to ascertain to the extent possible and report to the department within
90 days after the effective date of this section and annually thereafter all efforts made
and results of such efforts to ascertain:
(a) Any legal relationship with an international insurer that issued an insurance policy
to a Holocaust victim between 1920 and 1945, inclusive.
(b) The number and total value of such policies.
(c) Any claim filed by a Holocaust victim, his or her beneficiary, heir, or descendent
that has been paid, denied payment, or is pending.
(d) Attempts made by the insurer to locate the beneficiaries of any such policies for
which no claim of benefits has been made.
(e) An explanation of any denial or pending payment of a claim to a Holocaust victim, his
or her beneficiary, heir,or descendent.
(8) REPORTS TO THE LEGISLATURE.--The department shall report to the Legislature one
year after the effective date of this section and annually thereafter:
(a) The number of insurers doing business in this state which have a legal relationship
with an international insurer that could have issued a policy to a Holocaust victim
between 1920 and 1945, inclusive.
(b) A list of all claims paid, denied, or pending to a Holocaust victim, his or her
beneficiary, heir, or descendent.
(c) A summary of the length of time for the processing and disposition of a claim by the
insurer.
(9) PENALTIES.--In addition to any other penalty provided under this chapter, any
insurer or person who violates the provisions of this section is subject to an
administrative penalty of $1,000 per day for each day such violation continues.
(10) PRIVATE RIGHT OF ACTION.--An action to recover damages caused by a violation of
this section must be commenced within 5 years after the cause of action has accrued. Any
person who shall sustain damages by the reason of a violation of this section shall
recover threefold the actual damages sustained thereby, as well as costs not exceeding
$50,000, and reasonable attorneys' fees. At or before the commencement of any civil action
by a party, notice thereof shall be served upon the department.
(11) RULES.--The department, by rule, shall provide for the implementation of the
provisions of this section by establishing procedures and related forms for facilitating,
monitoring, and verifying compliance with this section and for the establishment for a
restitution program for Holocaust victims, survivors, and their heirs and beneficiaries.
(12) SEVERABILITY.--If any provision of this section or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other provisions
or applications of the section which can be given effect without the invalid provision or
application, and to this end the provisions of this section are declared severable
This act shall take effect July 1, 1998.