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Conflict of Laws Keyed to Hay, 16th Ed.
American Insurance Association v. Garamendi
Citation:
539 U.S. 396, 123 S.Ct. 2374, 156 L.Ed.2d 376 (2003)Facts
The Nazi regime systematically confiscated Jewish assets including insurance policies through various decrees between 1933 and 1945. After decades of failed efforts to recover these assets, Holocaust survivors filed class-action lawsuits in American courts in the late 1990s. In response, the federal government negotiated executive agreements with Germany, Austria, and France establishing voluntary compensation mechanisms, including the German Foundation Agreement signed in July 2000. These agreements endorsed ICHEIC as the preferred forum for insurance claims resolution. Meanwhile, California enacted HVIRA in 1999, requiring any insurer doing business in California to disclose information about all policies sold in Europe between 1920 and 1945 by the company or any related entity, with mandatory license suspension for noncompliance. Federal officials, including Deputy Treasury Secretary Eizenstat, repeatedly expressed concern that HVIRA undermined the voluntary diplomatic approach and threatened to derail international negotiations.
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