H.R.3008 - Holocaust Insurance Accountability Act of 2025 (119th Congress)
Summary
H.R. 3008, the Holocaust Insurance Accountability Act of 2025, aims to restore legal rights for claimants under Holocaust-era insurance policies. It seeks to override the Supreme Court's decision in American Insurance Association v. Garamendi, which preempted state laws requiring disclosure of information about these policies. The bill establishes a federal private cause of action, allowing beneficiaries to sue in U.S. courts to recover proceeds, and sets a 10-year statute of limitations.
Expected Effects
The bill would primarily affect individuals and families who are beneficiaries of Holocaust-era insurance policies by providing them with a legal avenue to pursue claims that may have been previously barred. It also impacts insurance companies, potentially subjecting them to new litigation and financial liabilities. The bill could also alter the balance of power between the executive and legislative branches regarding foreign policy, specifically concerning the enforcement of state laws.
Potential Benefits
- Provides a legal avenue for Holocaust survivors and their heirs to recover insurance proceeds.
- Overrides a Supreme Court decision that limited state law enforcement in this area.
- Creates a uniform federal statute of limitations, ensuring consistent application of the law.
- Allows suits in US courts, potentially offering a more accessible forum for claimants.
- Forecloses defenses based on prior judgments that relied on preemption arguments.
Potential Disadvantages
- Could lead to increased litigation and associated costs for insurance companies.
- May strain diplomatic relations with countries where the involved insurance companies are based.
- Could potentially open the door to similar overrides of Supreme Court decisions in other areas.
- The 10-year statute of limitations, while uniform, may still exclude some claimants who are unaware of their rights.
- The bill's focus on past injustices might divert attention from current human rights issues.
Most Disadvantaged Areas:
Constitutional Alignment
The bill raises constitutional questions related to the separation of powers, particularly the balance between the executive branch's foreign policy powers and Congress's legislative authority under Article I. The bill explicitly aims to preserve Congress's lawmaking powers and override judicial decisions perceived as inconsistent with those powers. The creation of a federal private right of action falls under Congress's power to regulate commerce and establish laws necessary and proper for carrying out its enumerated powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).