Eleven years ago, the California Legislature extended until the end of 2010, the deadline for filing lawsuits against insurance companies that had failed to pay benefits to heirs of Armenian Genocide victims.
Until the year 2000, these heirs could not sue insurance companies, as the deadline for filing such lawsuits had expired long ago. Under California law, the time limit for such lawsuits is 4 years.
During the past decade, after the statute of limitation was extended, Armenian-Americans successfully filed lawsuits in U.S. Federal Courts against New York Life insurance company and French AXA insurance company.
Additional lawsuits against German insurance companies and banks are still pending. With the support of the Turkish government which is not a party to these lawsuits, these German firms have unsuccessfully challenged in court the legislature’s action by claiming that the reference to the Armenian Genocide in the California bill is an encroachment on the foreign policy prerogative of the federal government.
After the expiration of the December 31, 2010 deadline, the Armenian-American community asked the California Legislature to extend the statute of limitation once again, since several new insurance companies have been identified that had not paid the benefits owed to their genocide-era clients.
To avoid further court challenges by the Turkish government and insurance companies, some have argued that there may not be a need to include a reference to the Armenian Genocide in the new California bill, as the companies were contractually obligated to pay the beneficiaries regardless of the cause of death. The legislators decided, however, not to give in to Turkish pressures and retain the reference to the Armenian Genocide, particularly since the justification for extending the filing deadline for genocide victims was that they lacked the necessary documents — death certificates and insurance policies — to file their claims in a timely manner.
It is noteworthy that the State of California defines the Armenian Genocide in the insurance bill as follows: “The Legislature recognizes that during the period from 1915 to 1923, many persons of Armenian ancestry residing in the historic Armenian homeland then situated in the Ottoman Empire were victims of massacre, torture, starvation, death marches, and exile. This period is known as the Armenian Genocide.”
The California State Assembly adopted the new bill (AB 173) on April 14, 2011, extending to December 31, 2016 the deadline for lawsuits against insurance companies by heirs of Armenian Genocide victims. Despite objections by the self-proclaimed “Turkish Peace and Justice Commission of California,” the bill was approved 10-0 by the Judiciary Committee of the California Assembly, and 61-0 by the full State Assembly. AB 173, formally supported by the Consumer Attorneys of California and American Federation of State, County and Municipal Employees, was introduced by Assemblyman Mike Gatto on January 20, 2011. Assemblyman Katcho Achadjian was its principal co-author.
The Assembly’s Legislative Counsel provided the following digest of the bill: “Existing law authorizes any Armenian Genocide victim, as defined, or the heir or beneficiary of that victim, who resides in this state and has a claim arising out of an insurance policy or policies purchased or in effect in Europe or Asia between 1875 and 1923 from a defined insurer, to bring a legal action to recover on that claim in a court in this state. Existing law also provides that any action, including any pending action brought by an Armenian Genocide victim, or the heir or beneficiary of that victim, whether a resident or nonresident of this state, seeking benefits under the insurance policies issued or in effect between 1875 and 1923, shall not be dismissed for failure to comply with the applicable statute of limitation, provided the action is filed on or before December 31, 2010. This bill would extend the deadline for filing that action to December 31, 2016. This bill would declare that it is to take effect immediately as an urgency statute.”
After the State Assembly’s approval in April, the bill was referred to the California Senate Judiciary Committee on May 12, 2011. It will then be sent to the full Senate, and submitted to Governor Brown for his signature. This bill would amend Section 354.4 of the California Code of Civil Procedure that was initially signed into law on September 18, 2000. The new bill would extend the deadline to file lawsuits by heirs of Armenian Genocide victims against insurance companies from 2010 to end of 2016 — a year beyond the 100th anniversary of the Armenian Genocide, allowing many more lawsuits to be filed against delinquent insurance companies.
Harut Sassounian
Activism at its best. There are many voices in our continuing quest for justice….litigation,demonstration,education and building a strong Armenia. our brothers and sisters in California are to be congratulated for thier leadership
Appears to me that when the insurance companies accept to be paid on a timely basis… neither the insurance companies nor the ‘beneficiaries’ expected a mass of humanity to be eliminated, slaughtered, raped, kidnapped, tortured and worse by the Turkish mentality (1915-1923 and more).
Yet, imagine! During the Turkish Genocide of the Armenian nation… a Turk leader attempted to claim themselves as the beneficiaries – telling Ambassador Morgenthau that the Turkish leadership wanted to lay claim as beneficiaries as Armenians no longer existed (read Morgenthau biography). via the Turkish leaderships elimination of Armenians). Still, ala Turkish style.
P.S. Turkeys note: Psychologically/mentally, add to your ongoing list – the INSURANCE COMPANIES of the world who recognize/admit there was the Turkish Genocide of the Armenian nation… paying beneficiaries – yet Turkey leaders cannot admit a Turkey committed ANY of their Genocides!!
P.P.S
Take note: the USA State Department, USA White House, some members of the USA Senate, some members of the USA House of Representatives… See, actually… the INSURANCE COMPANIES of the world recognize/admit there was the Turkish Genocide of the Armenian nation… paying beneficiaries!
Yet, in USA, the greatest republic the world has known has elected to leaderships many who are incapable, of the honesty needed to join the 43 of the 50 states of the USA (nearly 7/8s of states of the USA) unable to grasp the vile horrors of Genocide… yet grasp to the Turkey denials. have joined with civilized nations across the planet, the Int’l Genocide foundation, the Vatican, Many USA leaderships, religions, UN, too, other nations who suffered/suffer, today, know the horrors of Genocide – all, morally, recognize a Genocide without the need of playing ‘ball’/games with the issue of the cruelty of Genocide. These will not, can not, accept the Turkey interpretation of what slaughters, rapes, tortures, drownings, deserts with unburied bones scattered about, awaiting burials – equates to what is known as” Genocide” in this instance the planned elimination of the Armenians from their own homeland, not by wars… by Genocides – ala Turkey style.