The Holocaust Insurance Accountability Act of 2025 seeks to restore the legal rights of claimants under Holocaust-era insurance policies, directly addressing the preemption established by the Supreme Court's decision in American Insurance Association v. Garamendi . This legislation explicitly allows for the enforcement of state laws requiring the disclosure of information about these policies and facilitates the recovery of proceeds for beneficiaries. It aims to ensure that U.S. citizens and others can determine their rights under such policies. A key provision of the Act is the creation of a new Federal private cause of action and subject matter jurisdiction, enabling beneficiaries to bring civil actions in U.S. courts against insurers to recover unpaid proceeds. This federal action is designed to overcome defenses based on executive branch foreign policy preemption. The bill defines a "covered policy" as one in effect between January 31, 1933, and December 31, 1945, issued to policyholders in areas occupied by Nazi Germany or Switzerland. The Act also forecloses defenses arising from prior judgments or settlement agreements, including those based on the erroneous conclusion of preemption by executive foreign policy. It mandates remedies for prevailing beneficiaries, including the policy proceeds, 6% annual prejudgment interest, and attorney's fees and costs, with the possibility of treble damages for bad faith. Furthermore, it establishes a uniform 10-year statute of limitations for all claims brought under this Act or related state laws, starting from the date of enactment. Crucially, the legislation declares that executive agreements and foreign policy shall not supersede or preempt state laws concerning Holocaust-era insurance claims or disclosure requirements, nor claims brought under this Act. This ensures that the executive branch's foreign policy cannot be used to block these claims. The Act applies to any claim relating to a covered policy brought before, on, or after its enactment date, preserving Congress's lawmaking authority.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
International Affairs
Holocaust Insurance Accountability Act of 2025
USA119th CongressHR-3008| House
| Updated: 4/24/2025
The Holocaust Insurance Accountability Act of 2025 seeks to restore the legal rights of claimants under Holocaust-era insurance policies, directly addressing the preemption established by the Supreme Court's decision in American Insurance Association v. Garamendi . This legislation explicitly allows for the enforcement of state laws requiring the disclosure of information about these policies and facilitates the recovery of proceeds for beneficiaries. It aims to ensure that U.S. citizens and others can determine their rights under such policies. A key provision of the Act is the creation of a new Federal private cause of action and subject matter jurisdiction, enabling beneficiaries to bring civil actions in U.S. courts against insurers to recover unpaid proceeds. This federal action is designed to overcome defenses based on executive branch foreign policy preemption. The bill defines a "covered policy" as one in effect between January 31, 1933, and December 31, 1945, issued to policyholders in areas occupied by Nazi Germany or Switzerland. The Act also forecloses defenses arising from prior judgments or settlement agreements, including those based on the erroneous conclusion of preemption by executive foreign policy. It mandates remedies for prevailing beneficiaries, including the policy proceeds, 6% annual prejudgment interest, and attorney's fees and costs, with the possibility of treble damages for bad faith. Furthermore, it establishes a uniform 10-year statute of limitations for all claims brought under this Act or related state laws, starting from the date of enactment. Crucially, the legislation declares that executive agreements and foreign policy shall not supersede or preempt state laws concerning Holocaust-era insurance claims or disclosure requirements, nor claims brought under this Act. This ensures that the executive branch's foreign policy cannot be used to block these claims. The Act applies to any claim relating to a covered policy brought before, on, or after its enactment date, preserving Congress's lawmaking authority.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.