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HOLOCAUST SURVIVORS SUING EUROPEAN INSURERS.


Byline: Justin Stoner ston·er  
n.
1. One that stones.

2. Slang
a. One who is habitually intoxicated by alcohol or drugs.

b. One who is a delinquent or failure.
 City News Service

Several Holocaust survivors There are many famous Holocaust survivors who survived the Nazi genocides in Europe and went on to achievements of great fame and notability. Those listed here were, at the very least, residents of the parts of Europe occupied by the Axis powers during World War II who survived  and their heirs have sued a group of European insurers, claiming they are withholding payouts on life insurance policies for people who died decades ago, a lawyer said Saturday.

The plaintiffs are being represented by Claremont attorney William Shernoff, who earlier this year filed a $135 million lawsuit against one company on behalf of survivor Adolf Stern Adolf Stern (real name, Adolf Ernst) (1835-1907) was a German literary historian and poet, born in Leipzig. He studied at the universities of Leipzig and Jena, and in 1868 was appointed professor of the history of literature in the Polytechnikum of Dresden. .

The lawsuits, one of which includes exhibits of documents in Hebrew, Italian and Czechoslovakian, and family photos, were filed Friday in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County Superior Court. Among other things, the plaintiffs seek injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.  and damages for breach of contract.

Assicurazioni Generali, which does business through a Deans & Homer branch office in Encino, is named in the two bad-faith insurance lawsuits brought by Dr. Julia Sladek and Nicholas Babos.

Germany-based Victoria Insurance Co., which does business in California through an international insurance network called Insurope, is named in a separate lawsuit. Centenarian plaintiff Sophie Stahl and her children, Gabriele and Werner, accuse Victoria of trying to destroy evidence.

And Allianz Insurance Co., which bought out Germany-based Phoenix Insurance Co., is the defendant in the fourth lawsuit, brought by Eugene Hofstadter and his five surviving sisters. The siblings claim their mother, father and 12 other brothers and sisters were executed at Auschwitz.

Winnifred Homer-Smith of Deans & Homer said she is confused as to why her firm was named in two of the lawsuits.

``We are simply a property agent for Generali,'' she said. ``We have no connection with European insurance, and we've never been in the life insurance business.''

Representatives of the other companies named in the lawsuits could not be reached for comment.

Last year, in response to the brewing controversy and pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
, Generali wrote an open letter to the families of Holocaust victims. The company said it had very little information and few records regarding policies issued by its former branches in Central and Eastern Europe The term "Central and Eastern Europe" came into wide spread use, replacing "Eastern bloc", to describe former Communist countries in Europe, after the collapse of the Iron Curtain in 1989/90. .

Generali set up a policy information center to inform families about the company's possession of documents, which may have been issued during the pre-World War II era. It also set up a $12 million fund, to be administered by an independent committee in Israel, for the families of Holocaust victims.

But critics claim a single policy might be worth $12 million when calculated with interest. For example, many Jewish fathers bought dowry dowry (dou`rē), the property that a woman brings to her husband at the time of the marriage. The dowry apparently originated in the giving of a marriage gift by the family of the bridegroom to the bride and the bestowal of money upon the bride by  policies for their daughters, which had a significant cash value.

Meanwhile, a bill is winding its way through the state Legislature that could head off insurers' arguments that the lawsuits were filed beyond the statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought.

Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law.
.

AB 1715 was co-written by Assemblyman Wally Knox, D-Los Angeles, and a Jewish Community Center subcommittee that deals with the issue.

The measure, which made it through the Appropriations Committee on Saturday, pushes back the statute of limitations to 2010. Insurers that violate the proposed act could face suspension of their business licenses.
COPYRIGHT 1998 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Apr 5, 1998
Words:486
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