N.Y. Comp. Codes R. & Regs. tit. 11 § 220.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 220.3 - Standards for alternative documentation; making and assessment of claims

(a) Except as provided in subdivision (d) of this section, the making and assessment of claims shall be governed by the principles set forth in this section, which implements section 2703(a)(2) of the Insurance Law.

(b) In making a claim, a Holocaust victim:

(1) shall show that it is plausible, in the light of all the special circumstances involved, including but not limited to the destruction caused by World War II, the Holocaust, and the lengthy period of time that has passed since the insurance policy in question was obtained, that the claimant is entitled, either in whole or in part, to the benefits of the insurance policy under consideration;

(2) shall submit all relevant documentary and non-documentary evidence in the claimant's possession or under the claimant's control that may reasonably be expected to be submitted in view of the circumstances of that particular claim, including but not limited to the history of the claimant and the claimant's family and the history of the policyholder (if the policyholder is not the claimant), subject to paragraph (10) of this subdivision;

(3) shall comply with any reasonable request by the insurer for the submission of evidence necessary to verify the claim, as limited by subdivision (c) of this section and paragraph (10) of this subdivision;

(4) shall cooperate with the insurer in expediting the assessment of the claim, in particular by complying with any reasonable request by the insurer for any necessary explanation of the evidence submitted in support of the claim, provided that no insurer may require any claimant to supply any explanation which is beyond the claimant's own personal ability to provide;

(5) shall disclose the identity of any person known to the claimant whom the claimant believes or may have reasonable grounds to believe may have a valid claim to the benefits of the policy under consideration;

(6) shall disclose whether the claimant or, to the claimant's knowledge, any other person has applied for, or received, any compensation or reparations from any government in respect of the policy under consideration;

(7) may voluntarily and at the claimant's own expense engage the services of any attorney, accountant, translator or other expert or advisor in order to assist the claimant in preparing and submitting the claim and to supply any explanation of evidence reasonably requested by an insurer, but is not obligated to do so;

(8) shall not submit any evidence in support of a claim which the claimant knows, or reasonably should know, is falsified, forged, or materially misleading;

(9) shall answer truthfully and to the best of the claimant's knowledge any reasonable question asked by the insurer regarding the evidence submitted in support of a claim; and

(10) may submit a copy or reproduction of any original document within the claimant's possession or control, provided that the claimant, upon request, shall exhibit the original document or an authenticated copy or reproduction of the original document, at a time and place that is mutually convenient to the claimant and the insurer. For the purposes of this section, a copy or reproduction may be authenticated according to the applicable procedure provided by the law of the place where the original document is located, or by being attested by a notary as being a true copy or reproduction.

(c) In assessing a claim by a Holocaust victim, an insurer shall allow claimants to provide alternative documentation which does not meet the usual standards of proof which would be required by the insurer to substantiate the claim, and:

(1) shall not reject a document as being insufficiently probative of any fact necessary to establish the claim if the evidence provided by the document of that fact is plausible in the light of all the special circumstances involved, including but not limited to the destruction caused by World War II, the Holocaust, and the lengthy period of time that has passed since the insurance policy under consideration was obtained;

(2) shall not unreasonably demand the production of any document or other evidence which, more likely than not, has been destroyed, lost or rendered inaccessible to the claimant;

(3) shall take into consideration any sworn or affirmed statement or affidavit, whether made by the claimant or by any other person having relevant knowledge or authority, which is offered in lieu of any document or which provides evidence of the prior existence, contents or legal effect of a document; and

(4) shall take into consideration any relevant documentary or non-documentary evidence which may be submitted by a claimant, or which is otherwise available to the insurer, including, but not limited to, photographs; maps; correspondence with an insurer or the agent or representative of an insurer; reports or notices published in any newspaper, gazette or other journal; diaries; family histories; and records held or maintained by any non-governmental community association or government body.

(d) The provisions of this section 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 requirements established by such commission or successor entity regarding documentation, making and assessment of claims.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 220.3