2022 New York Laws
ISC - Insurance
Article 27 - Holocaust Victims Insurance Act of 1998
2703 - Insurer Claims Handling.

§ 2703.  Insurer claims handling. (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.