01 February 2007
A New York judge has delayed a ruling on whether to grant approval for a deal of Holocaust victims with an Italian insurance company. The settlement between Shoah victims, their relatives and the Italian insurance company Generali may be the only chance for some victims to recover money. District judge George B. Daniels heard lawyers for six objectors say that the deal with Generali would provide relief to as few as 5 per cent of tens of thousands of victims while denying the others the chance to prove their cases in the years ahead. Under the deal, Generali would accept new claims until the end of March 2007, even though it has already paid out US$ 135 million to settle claims. So far, more than 1,000 people have made fresh claims, which might entitle them to payouts. In a hearing that lasted more than two hours, the judge said that in reaching a decision he had to decide whether the settlement was fair and reasonable while understanding that for some victims, "this may be their only chance at recovery."
A lawyer for Generali asked the judge at the end of the hearing for additional time to address some of the concerns raised by those objecting to the deal. The judge agreed to delay the case at least a week. Samuel Dubbin, a lawyer for victims objecting to the plan, had argued that the deal would leave 95 per cent of claimants with no relief. The victims were denied the benefits of their insurance policies. Robert Swift, a lawyer for the victims who agree with the settlement, said a failure to approve the deal would result in years of litigation that would force each plaintiff to prove the facts of a case rather than resolving it in a "claimant friendly" environment.
"This settlement is going to walk away," he said, noting that any further delay will cheat some victims of benefits while they are alive. Swift said the settlement would end the last of the large cases brought in American courts to get money from companies responsible for aiding Nazis during the Holocaust. Those companies have been accused of enabling the cheating of Jews, forced laborers and slaves of their assets, including insurance policies, during World War II.
