Holocaust Laws in Florida, California Are Struck Down.Two different courts struck down similar laws in Florida and California, where regulators were hoping to punish insurers that failed to divulge policies or pay claims from the Holocaust era. Meanwhile, the U.S. Supreme Court has asked the U.S. Solicitor General An officer of the U.S. Justice Department who represents the federal government in cases before the U.S. Supreme Court. The solicitor general is charged with representing the Executive Branch of the U.S. government in cases before the U.S. Supreme Court. to file a brief in the California case, and it might consider whether it is unconstitutional for states to try to regulate U.S. insurers based on the behavior of their European affiliates during the World War II era. In February, the 9th U.S. Circuit Court of Appeals in California sent a challenge to the law back to the trial court, saying the trial judge, who issued a temporary injunction temporary injunction n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a "temporary restraining order" which is a short-term, stop-gap injunction issued pending a to stop the law, must re-examine re·ex·am·ine also re-ex·am·ine tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines 1. To examine again or anew; review. 2. Law To question (a witness) again after cross-examination. whether the Holocaust Victim Insurance Relief Act of 1999 should be implemented. While it left the preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. in place, the appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. disagreed with the lower court's reasoning. The disputed law would allow regulators to take away the insurance license from any company that refused to divulge policies from the Holocaust era, or refused to pay claims stemming from the Holocaust. In response to the Court of Appeals, U.S. District Judge William B. Shubb ruled the law was unconstitutional because it violated due process, said Stef Zielezienski, assistant general counsel for the American Insurance Association, one of the groups challenging the law. Gerling Global Re-Insurance Corporation of America, American Re-Insurance Co., Assicurazioni Generali SpA, Winterthur International American Insurance Co. and the AIA AIA - Application Integration Architecture filed the lawsuit last year. Also, the 11th U.S. Circuit Court of Appeals in Florida ruled against a similar Florida law, saying it too violated due process. "It's a recognition by various federal courts that states don't have a lot of authority to regulate matters outside of their concern," Zielezienski said. But the legal battle is far from over. California Insurance Commissioner California Insurance Commissioner is an elected executive office position in California who is in charge of the California Department of Insurance. The current Insurance Commissioner is Steve Poizner. Harry Low said he wasn't giving up yet. "Due to the importance of this matter to the Legislature, the Department of Insurance and the victims of the Holocaust, it is very likely we will appeal the decision," Low said in a statement. |
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