Miami-Dade Legislative Item
File Number: 181097
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File Number: 181097 File Type: Resolution Status: Adopted
Version: 0 Reference: R-484-18 Control: Board of County Commissioners
File Name: HOLOCAUST EARA INSURANCE ACCOUNTABILITY Introduced: 4/26/2018
Requester: NONE Cost: Final Action: 5/1/2018
Agenda Date: 5/1/2018 Agenda Item Number: 11A29
Notes: Title: RESOLUTION URGING THE UNITED STATES CONGRESS TO PASS S. 258, H.R. 762, OR SIMILAR LEGISLATION DESIGNED TO ALLOW HOLOCAUST-ERA SURVIVORS AND THEIR HEIRS TO SEEK REDRESS FROM INSURANCE POLICY PROVIDERS
Indexes: URGING
Sponsors: Esteban L. Bovo, Jr., Co-Prime Sponsor
  Rebeca Sosa, Co-Prime Sponsor
  Sally A. Heyman, Co-Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/1/2018 11A29 Adopted P
REPORT: County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairman Bovo noted the Board was in solidarity with Holocaust survivors regarding their mission in Washington, DC to seek redress from insurance policy providers. He opened the floor to public comment and the following persons appeared: Mr. Sam Dubbin, 1200 Anastasia Avenue Coral Gables, commended the Board for being cognizant of the struggles of the Holocaust survivors and noted the importance of Congress passing this legislation. He acknowledged the associated attorneys who were working pro-bono to assist the survivors. Mr. Peter Wechsler, 7345 SW 131 Street Pinecrest, thanked the Board for supporting the Bill in Congress. Mr. Herbert Karliner, 20185 E Country Club Drive Aventura, noted he was one of the few living survivors of the SS Saint Louis; explained how a life insurance policy from his father purchased from Allianz was paid out to an unknown person; and pointed out, despite moving to the United States in 1946 and serving in the Korean war, he was unable to sue Allianz to demand payment for their insurance policy because he was a Holocaust survivor. Mr. Karliner thanked members of Congress and the Board for supporting their efforts with this legislation. Ms. Magdalen Bader, 3500 Mystic Point Drive Aventura, noted she was born in Czechoslovakia and, at the age of fourteen, she and her family were taken to a concentration camp. She opined she and her three sisters miraculously survived to remind the world how the Nazi’s murdered 6 million Jews. Ms. Bader pointed out the Holocaust survivors were denied the basic right to bring the insurance companies to justice in the court system and she also mentioned that many survivors suffered a high rate of poverty due to the horrific crimes perpetrated by the German Nazi regime. She stated seventy four years have passed and the insurance companies should be required to pay the survivors. Ms. Bader acknowledged the efforts of Congresswoman Ileana Ros-Lehtinen, Senators Bill Nelson, and Marco Rubio, along with the Board of County Commissioners for urging Congress to pass legislation to restore the rights of Holocaust survivors. Mr. David Mermelstein, 9121 SW 66 Terrace Miami, ,President of the Holocaust Survivors, advised he was born in Czechoslovakia in 1928 and was the only living survivor after his family was taken to a concentration camp in 1944. He stated he arrived in the United States in 1947 and by 1970, opened up a dry cleaner business. Mr. Mermelstein reported many survivors remember insurance agents collecting payments, but was unable to remember the name of the insurance companies. He mentioned the survivors were shocked the United States government took away their rights to make claims in an American court. Mr. Mermelstein acknowledged the members of congress who took up their cause to support this legislation. Ms. Wendy Rothfield, 2000 Island Blvd Aventura, recalled how her family was murdered during the Holocaust and their property was looted by the Nazi’s. She announced she was very active in working with the Holocaust survivor community in Miami and noted twice a year, a community day of remembrance was held for those who perished in the Holocaust. She explained their obligation was to ensure that corporations who profited from the Holocaust were not allowed to escape financial and moral responsibility for their actions. Ms. Rothfield reported Allianz insurance company owed Holocaust survivors and their family over $2.5 billion in policy payments and stated they should contribute to the needs of the survivors that were presently suffering and living in poverty. Ms. Rothfield acknowledged the Board and the elected congressional officials for supporting the federal legislation to restore insurance rights to survivors. Seeing no other persons wishing to appear, Chairman Bovo closed the floor to public comment. Chairman Bovo advised staff was working in conjunction with the County Attorney’s Office to determine if Miami-Dade County was affiliated or engaged in business with any of the accused German insurance companies. Commissioner Heyman thanked Chairman Bovo for sponsoring this legislation and also recognized Congresswoman Ileana Ros-Lehtinen and Senators Bill Nelson and Marco Rubio for their efforts in Washington. She commented this was a humanitarian issue that should be embraced by everyone and mentioned her participation in the March of the Living, noting they passed the area where the families were separated. She opined this resolution indicated the County would not tolerate any companies that profited from the lives of the victims and their survivors. Commissioner Sosa stated she was honored to meet the survivors; commented on how this resolution was essential for the survivors; and noted it would help the new generation to remember what occurred during the Holocaust. Commissioner Levine Cava acknowledged the survivors for their strength and resilience to take on this cause and to explain the magnitude of what happens when hate rules. Chairman Bovo apologized on behalf of the Cuban community for the gross negligence of a government. Commissioner Monestime pointed out that Haiti declared war on Germany because they did not want to tolerate another country abusing and exploiting the rights of individuals. Hearing no further comments or questions, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Office of the Chairperson 4/30/2018 Additions

County Attorney 4/26/2018 Assigned Javier Zapata 4/26/2018

Legislative Text


TITLE
RESOLUTION URGING THE UNITED STATES CONGRESS TO PASS S. 258, H.R. 762, OR SIMILAR LEGISLATION DESIGNED TO ALLOW HOLOCAUST-ERA SURVIVORS AND THEIR HEIRS TO SEEK REDRESS FROM INSURANCE POLICY PROVIDERS

BODY
WHEREAS, in February 2017, United States Representative Ileana Ros-Lehtinen (R � Florida) and United States Senator Bill Nelson (D � Florida) introduced H.R. 762 and S. 258, respectively, bills entitled the Holocaust Insurance Accountability Act of 2017, for consideration during the 115th Congress; and
WHEREAS, the Senate Bill is cosponsored by United States Senator Marco Rubio (R � Florida); and
WHEREAS, substantial evidence exists suggesting that several European insurance companies collaborated with the Nazi regime during the 1930s and 1940s, selling thousands of policies totaling billions of dollars to Nazi victims and then refused to honor them; and
WHEREAS, S. 258 and H.R. 762 would allow a beneficiary of a Holocaust-era life, dowry, education, annuity, property, or other insurance policy to bring a civil action in a United States District Court against an insurer for a covered policy to recover proceeds or enforce any rights under the policy; and
WHEREAS, the bills would cover any policy in effect from January 1, 1933 to December 31, 1945 and issued to a policy holder domiciled in any areas occupied or controlled by Nazi Germany, among others; and
WHEREAS, the bills require an award to a prevailing beneficiary in the amount of proceeds due under the policy, plus prejudgment interest at 6 percent per year, and an award of treble damages against any insurer that acted in bad faith; and
WHEREAS, these bills are designed to allow Holocaust-era survivors to bring their cases before the U.S. court system and seek redress from what Representative Ros-Lehtinen describes as �insurance companies that continue to shirk their moral and legal responsibilities�; and
WHEREAS, this Board is supportive of legislation which seeks to provide justice to the many Holocaust-era survivors and their heirs whose families were torn apart by the Nazi regime,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the United States Congress to pass S. 258, H.R. 762, or similar legislation designed to allow Holocaust-era survivors and their heirs to seek redress from insurance policy providers.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to United States Senators Bill Nelson and Marco Rubio, United States Representative Ileana Ros-Lehtinen, and the remaining members of the Florida Congressional Delegation.
Section 3. Directs the County�s federal lobbyists to advocate for the legislative action described in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2018 Federal Legislative Package to include this item.
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