Section 2703. Insurer claims handling  


Latest version.
  • (a) Notwithstanding any inconsistent
      provision  of  this chapter, any insurer organized, registered, licensed
      or accredited to do an insurance business in this state, in receipt of a
      claim against it arising from an occurrence during  the  period  between
      January  first,  nineteen hundred twenty-nine and December thirty-first,
      nineteen hundred forty-five from an individual that such insurer  knows,
      or reasonably should have known, is a Holocaust victim shall:
        (1) diligently and expeditiously investigate such claim;
        (2)  allow  claimants  to provide alternative documentation which does
      not meet the  usual  standards  of  proof  required  by  an  insurer  to
      substantiate  the particular claim, subject to standards established for
      such documentation as  prescribed  by  regulations  promulgated  by  the
      superintendent; and
        (3)  attempt  to resolve, settle and, if appropriate, make payments on
      claims irrespective of any statute of limitations or notice requirements
      imposed by any law or such insurance policy issued to  or  covering  the
      life,  property  or  interests  of a Holocaust victim, provided that the
      claim is submitted to the insurer within ten years  from  the  effective
      date of this article.
        (b)  Failure  to abide by the terms of this section shall constitute a
      defined violation for purposes of subsection (b) of section two thousand
      four hundred two of this chapter.
        (c) This article shall serve as additional and conclusive notice  that
      the  superintendent  is currently investigating all claims pertaining to
      the victims of the Holocaust. Evidence of the intentional destruction or
      alteration of any records or other materials pertaining  to  such  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. It shall be permissible
      for an administrative or judicial court to infer  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.