Insurance Law a Boost for Armenian Genocide Victims

Mirroring a law passed to benefit Holocaust victims two years ago, Gov. Gray Davis has signed legislation that will allow victims of the Armenian genocide and their heirs to pursue unpaid insurance claims in California courts.

The bill by state Sen. Chuck Poochigian (R-Fresno) allows victims of the genocide at the hands of Turks from 1915 to 1923 to file suits in California against insurers to recover money allegedly owed from policies. The policies had to have been purchased by people or companies in Europe or Asia between 1875 and 1923.

The legislation also extends the statute of limitations on such legal claims brought by an Armenian genocide victim or heir to 2010. About 1.5 million Armenians lost their lives during the genocide.

Poochigian, whose maternal grandparents survived the genocide, said his bill, SB 1915, should provide Armenian Americans with new recourse to pursue what is owed them.

Since drafting the bill, he said, he has been flooded with letters and calls from Armenians interested in pursuing claims.

“Like most Armenian Americans, I was touched by the genocide,” Poochigian said. “My maternal grandfather lost every member of his family, so it is very important to me. Nonetheless, I was not aware of this insurance issue until recently.

“This legislation will preserve the rights of the aggrieved in a California court,” he added. “It would be awful for these claims to be denied. Some people will say this is ancient history, social engineering, but not . . . those of us who were affected.”

The bill originally required that insurers create a list of Armenian clients during that period along with their policies. But Poochigian dropped that element because a similar law regarding the Holocaust has become entangled in court.

As it stands, the new law could strengthen a class-action suit filed in Los Angeles against New York Life on behalf of 45 people and 7,671 policies issued between 1895 and 1915. Lawyers for the plaintiffs contend that the policies are worth more than $3 billion.

In other action, Davis signed legislation by Assemblyman Kevin Shelley (D-San Francisco) to launch a statewide media campaign aimed at raising awareness of elder abuse. AB 1819 will require better training of police to spot such abuse and will make it easier to prosecute those who wheedle money from the elderly.

And in a gesture to pet owners, the governor signed AB 860 by Assemblywoman Helen Thomson (D-Davis), which protects the rights of condominium and mobile home owners to have pets, regardless of homeowner association rules or other restrictions.

In other actions, Davis:

Conservatorships--Approved a measure that seeks to prevent a conservator or guardian from directing business to a firm in which he or she has a financial interest. The bill is a response to a conservator scandal in Riverside County. AB 1950 by Assemblyman Rod Pacheco (R-Riverside).

Redevelopment--Signed a bill allowing redevelopment agencies to work with other agencies and pool money to build low-cost housing outside redevelopment areas. Davis said in a signing message that the bill “could result in attempts by some communities to shirk their responsibilities to build low- and moderate-income housing” but concluded that it would help relieve the state’s affordable-housing shortage. AB 2041 by Assemblyman John Dutra (D-Fremont).

Vandalism--Signed a bill adding vandalism of cemeteries to the definition of crimes against places of worship or religious institutions. The measure also adds vandalism of cemeteries to the list of hate crimes punishable by state prison time. AB 2580 by Assemblyman Dave Cox (R-Fair Oaks).