Holocaust Insurance Case Inches Closer to Settlement


Afederal judge on Monday cleared the way for a long-running dispute over unpaid life insurance claims for Holocaust victims to move a step closer to a settlement. But opponents said they would keep trying to block the settlement, which, they argued, would benefit only a small number of those with potential claims.
The settlement would provide perhaps $50 million to Holocaust victims and their families — $35 million has already been paid — with some people receiving payments as small as $1,000. Though insurers have paid claims, opponents say that most of the hundreds of thousands of policyholders have received nothing and that billions of dollars are at stake.
By early last year, lawsuits against about 20 European insurance companies had been dropped or settled in a dispute that began more than a decade ago. And lawyers for some policyholders and the last of the companies, Assicurazioni Generali of Italy, said they were ready to settle.
In February, Judge George B. Daniels of Federal District Court in Manhattan approved the settlement. But a three-judge panel of the United States Court of Appeals for the Second Circuit agreed with Samuel J. Dubbin, a Miami lawyer leading the opposition, that many people with a potential interest had not been sufficiently notified of the pending settlement.
In court Monday, Judge Daniels said that by sending out more than 50,000 letters late last year, lawyers backing the settlement had overcome the objections, and he reaffirmed his earlier finding that the settlement was fair. The case now returns to the appeals court.
Robert A. Swift, a lawyer in Philadelphia who helped negotiate the settlement, told the court Monday that the agreement was a compromise. Mr. Swift, who said earlier that he had gotten the best deal he could, expressed skepticism about estimates that the unpaid claims were in the billions of dollars.
Mr. Swift had said he had little alternative but to agree to the settlement. ASupreme CourtMichael B. Mukasey, now attorney general of the United States, cited the Supreme Court decision in dismissing a class-action suit that Mr. Swift and others had pursued against Generali. ruling several years ago limited the ability of Holocaust victims in the United States to pursue European companies, and Judge
Mr. Dubbin holds out hope that an appeals court may overturn the Mukasey decision. And Congress is considering legislation that would strengthen the efforts of Mr. Dubbin and others against the insurance companies.
One of Mr. Dubbin’s goals has been to get the insurers to publish the names of Holocaust-era policyholders so that families who lost everything, including insurance documents, would know if they had the basis for a claim. Generali has refused to publish the names and says it has limited records for the Holocaust era.
In court Monday, Mr. Dubbin said he had evidence suggesting more information than the insurer had disclosed. He argued against approving the settlement in hopes of establishing proof of coverage that could yield higher payments. Marco E. Schnabl, a lawyer for Generali, said the insurer had disclosed “everything we have that reasonably could be connected to the Holocaust.”
Judge Daniels said it was unlikely that further inquiry would yield larger awards to policyholders and that it was not reasonable to further delay payouts to those agreeing to the settlement on speculation that the Mukasey decision might be overturned or that Congress would act.