# Holocaust Insurance Accountability Act of 2023

This bill reopens the door for people to sue insurance companies over policies that were issued during the Holocaust era. Here's what that means in practical terms: if your family had an insurance policy issued between 1933 and 1945 in Nazi-occupied Europe or Switzerland, and that policy was never paid out, this law gives you a new chance to recover the money you're owed.

The backstory matters here. Back in 2003, the Supreme Court ruled that people couldn't sue over these old Holocaust-era insurance claims because it would interfere with the federal government's foreign policy decisions. This bill essentially says Congress disagrees with that ruling and is overriding it. It creates a brand new federal right to sue insurance companies and their successor companies for unpaid Holocaust-era policies. If you win your case, you can recover the full amount owed, plus interest calculated at 6 percent per year going back to when the money was originally due. If the court finds the insurance company acted in bad faith (meaning they deliberately tried to avoid paying), you can get triple damages instead. You'd also get your attorney's fees and court costs covered.

The bill gives people a 10-year window from when it becomes law to file these lawsuits in federal court. This is important because many old claims had already been settled or dismissed based on that 2003 Supreme Court decision—this law says those old settlements and court judgments don't count anymore and won't stop you from suing. The only exception is if you already received a payment from the International Commission on Holocaust Era Insurance Claims that was specifically labeled as "humanitarian." If you got money through that process, you can't sue again for the same policy.

The law also prevents the federal government from using foreign policy agreements or deals with other countries to block these lawsuits. States can still enforce their own laws requiring insurance companies to disclose information about these old policies, and nothing in this bill prevents that either.

Holocaust Insurance Accountability Act of 2023

Kustoff, David

Holocaust Insurance Accountability Act of 2023 This bill allows a beneficiary (or an heir of a beneficiary) of certain insurance policies in effect during the Holocaust to sue in U.S. district court to enforce rights under such policies. An insurance policy covered under this bill must have been&nbsp;(1) in effect at any time between January 31, 1933, and December 31, 1945, and (2) issued to a policyholder domiciled in Nazi-controlled territory or Switzerland. A court shall award to&nbsp;a prevailing beneficiary (1) the amount due under a policy, (2) prejudgment interest of 6% a year, (3) attorney's fees and costs, and (4) treble damages if the insurer acted in bad faith.&nbsp; An action under this bill or state law related to&nbsp;a covered&nbsp;insurance policy shall be considered timely if filed within 10 years of this bill's enactment. Judgments and agreements entered before this bill's enactment shall not preclude a claim brought under the bill, with certain exceptions. Neither executive agreements between the United States and a foreign government nor&nbsp;U.S. executive foreign policies shall (1) affect or preclude claims brought under this bill, or&nbsp;(2) supersede or preempt any state laws relating to insurance policies covered by this bill.