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FOR IMMEDIATE RELEASE
CONTACT: Justin Keener
(512) 463-0108
August 28, 2001

New law assists recovery of unpaid Holocaust era insurance claims

Austin - A new law by Senator Florence Shapiro (R-Plano) and Rep. Joe Nixon (R-Houston) will be ceremoniously signed today by the governor, allowing Holocaust survivors or their heirs to bring an action against an insurer to recover unpaid benefits under Holocaust era insurance policies.

"Prior to and during the Holocaust, insurance policies were sold to individuals who subsequently became Holocaust victims," Shapiro said. "Many of these policies were either lost or destroyed and today remain unpaid. This legislation will provide recourse to Holocaust survivors and the families of victims."

Holocaust survivors and heirs of Holocaust victims have faced numerous obstacles when attempting to collect unpaid insurance claims. Many times, these actions were dismissed by the courts because the statute of limitations on their claims has expired. The new law suspends the statute of limitations to expire December 31, 2012. Claims can now be made in state court on unpaid policies that were in effect prior to 1946. Additionally, the law provides penalties for insurers that deny a claim because of the claim's age.

To prove documentation, a claimant must be able to clearly establish the existence of a policy and the failure to provide payment to a beneficiary. Family ownership of life insurance policies is recorded in property declarations which were required to be filled out by victims in occupied territories, confiscation orders, and in Gestapo correspondence. These declarations and orders are retrievable from archives in both the United States and Europe. Also, family records and publicly available genealogical documentation can demonstrate recovery rights.

"This crucial legislation provides a starting point for Holocaust survivors and heirs to recover benefits unjustly retained by insurers, " Nixon said. "The first defense raised by insurers is that the statute of limitations has lapsed. HB 845 levels the playing field by allowing families to overcome this first procedural barrier, so that their claims can be heard on the merits."