(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.
