New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter IX - Unfair Trade Practices › Part 220 - Holocaust Victims Insurance Claims And Reports › Section 220.3 - Standards for alternative documentation; making and assessment of claims

Current through Register Vol. 46, No. 28, July 10, 2024
(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.