(b) All claims by Holocaust
victims and all available evidence relating thereto shall be reviewed by an
insurer in a diligent and expeditious manner in accordance with the standards
of proof described in section
220.3
of this Part. In reviewing claims, an insurer shall give due consideration to
any facts which tend to establish the bona fides of the claim, including in
particular any circumstances which indicate that the person is a Holocaust
victim as defined in section
2701(a) of the Insurance
Law. The review process to be established by the insurer shall include, but not
be limited to, the following actions:
(1)
Holocaust claims unit. The insurer shall establish a Holocaust claims unit
staffed with personnel fully familiar with the standards of proof described in
section
220.3
of this Part.
(2) Contact person
and inquiries. The insurer shall designate a named contact person to handle
inquiries related to Holocaust victim claims. The contact person's name and
telephone number shall be made a part of the annual filing with the
superintendent required by section
2705 of the Insurance Law and section
220.5(e)
of this Part. The contact person shall be fully familiar with the standards of
proof described in section
220.3
of this Part. In responding to any inquiry by a claimant or other party, the
contact person shall inform the person making the inquiry of the existence of
the New York State Holocaust Claims Processing Office and shall provide the
then current toll-free telephone number of such office. The providing of such
information shall be in addition to and not in substitution for any other
action required to be taken by the insurer.
(3) Research of policies issued. In order to
facilitate matching of Holocaust victim claims with insurer records, each
insurer shall diligently research its records related to insurance policies as
defined in section
2701(c) of the Insurance
Law which were issued through December 31, 1945. Based on this research, the
insurer shall compile the following information regarding policies issued to
Holocaust victims that remain unpaid or were paid to or expropriated or seized
by a government located in an area that was or had been under Nazi influence
that was not the named beneficiary of such insurance policy:
--Type of policy- life, accident and health, annuities,
property, casualty, education, dowry, or other;
--Insured name or names;
--Policy owner's name or names, if applicable;
--Policy beneficiary's name or names, if applicable;
--Policy effective dates and issue dates;
--Policy limits, face amount or pay-out value;
--Whether a claim was made to the insurer; name of claimant
or claimants;
--Whether a claim was denied; if denied, date and reason for
denial;
--Claims paid arising from an occurrence during the period
between January 1, 1929 and December 31, 1945;
--Dates any claims were paid;
--Names of payee or payees;
--Whether a claim, surrender value, benefits or proceeds
under the policy were paid to a government located in an area that was or had
been under Nazi influence, and if so, in what manner;
--Whether a claim, surrender value, benefits or proceeds
under the policy were expropriated or seized by a government located in an area
that was or had been under Nazi influence, and if so, in what manner;
--Whether attempts were made by the insurer to locate the
beneficiaries of any such insurance policies for which no claim of benefits has
been made.
(4) Research of
abandoned, expropriated or seized property. To further aid Holocaust victims in
their rightful recovery of insurance proceeds, each insurer shall also research
its records for evidence of assets or funds turned over to various
jurisdictions as abandoned, expropriated or seized property, to locate any such
information relevant to policies issued to Holocaust victims. The insurer shall
compile the same categories of information as required by paragraph (3) of this
subdivision, to the extent applicable, together with the identity of the
jurisdiction to which the assets or funds were turned over, the date the assets
or funds were turned over, and the value thereof. Such information shall be
submitted to the superintendent upon request.
(5) Expeditious treatment of claims.
(i) Insurance claims of Holocaust victims
shall be treated in an expeditious manner pursuant to the standards set forth
in this paragraph. The provisions of Part 216 (Regulation 64) of this Title
shall not apply to such claims.
(ii) Each insurer shall establish procedures
to commence an investigation of a claim filed by such a claimant, or a
claimant's authorized representative, within 15 business days of receipt of
notice of the claim. Within 30 business days after receipt by the insurer of a
notice of claim and any statements, affidavits or other evidence filed in
support of the claim, the insurer shall advise the claimant, or the claimant's
authorized representative, in writing, of the acceptance or rejection of the
claim by the insurer. If the insurer needs more time to investigate the claim,
it shall so notify the claimant, or the claimant's authorized representative,
within 30 business days after receipt of the notice of claim and shall request
any further necessary statements, affidavits or evidence consistent with the
standards set forth in section
220.3
of this Part. Such notification shall include the reason why additional time is
needed for investigation. If the claim remains unsettled, unless the matter is
in litigation or arbitration, the insurer shall, 90 days from the date of the
initial letter setting forth the need for further time to investigate, and
every 90 days thereafter, send to the claimant, or the claimant's authorized
representative, a letter setting forth the reason why additional time is needed
for investigation. In any case where the claim is rejected, the insurer shall
notify the claimant, or the claimant's authorized representative, in writing,
of its specific reason for rejecting the claim. In any case where there is no
dispute as to one or more elements of a claim, payment for such element(s)
shall be made notwithstanding the existence of disputes as to other elements of
the claim where such payment can be made without prejudice to either party. Any
notice rejecting any element of a claim shall contain the following statement
prominently set out:
"Should you wish to receive further advice on this matter,
you may write to the New York State Holocaust Claims Processing Office, at Two
Rector Street, New York, New York 10006."
(6) The provisions of this subdivision shall
be deemed to be complied with by an insurer if the insurer is participating in
the international commission or successor entity and the criteria set forth in
section
220.7
of this Part are being met by the insurer and the international commission or
successor entity; and the superintendent has found that the insurer is fully
complying with the standards for diligent and expeditious investigation of
claims established by such commission or successor entity.
