§ 354.5.Holocaust Victim Or Victim's Heir Or Beneficiary Having Claim Arising Out Insurance Purchased In Europe Before 1945

Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Enacted 1999 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 354.5 lets Holocaust victims and their heirs or beneficiaries sue on insurance policies purchased in Europe before 1945, so long as the action was commenced on or before December 31, 2010.

Full Text of § 354.5

Text sizeJump to: (a) (b) (c)

(a) The following definitions govern the construction of this section:

(1) "Holocaust victim" means any person who was persecuted during the period of 1929 to 1945, inclusive, by Nazi Germany, its allies, or sympathizers.

(2) "Related company" means any parent, subsidiary, reinsurer, successor in interest, managing general agent, or affiliate company of the insurer.

(3) "Insurer" means an insurance provider doing business in the state, or whose contacts in the state satisfy the constitutional requirements for jurisdiction, that sold life, property, liability, health, annuities, dowry, educational, casualty, or any other insurance covering persons or property to persons in Europe at any time before 1945, directly or through a related company, whether the sale of the insurance occurred before or after the insurer and the related company became related.

(b) Notwithstanding any other provision of law, any Holocaust victim, or heir or beneficiary of a Holocaust victim, who resides in this state and has a claim arising out of an insurance policy or policies purchased or in effect in Europe before 1945 from an insurer described in paragraph (3) of subdivision (a), may bring a legal action to recover on that claim in any superior court of the state for the county in which the plaintiff or one of the plaintiffs resides, which court shall be vested with jurisdiction over that action until its completion or resolution.

(c) Any action brought by a Holocaust victim or the heir or beneficiary of a Holocaust victim, whether a resident or nonresident of this state, seeking proceeds of the insurance policies issued or in effect before 1945 shall not be dismissed for failure to comply with the applicable statute of limitation, provided the action is commenced on or before December 31, 2010.

End

Plain-English Summary

Section 354.5 covers insurance policies — life, property, liability, health, and other listed types — sold or in effect in Europe before 1945 by an insurer with a California connection, including sales made through a related company. It lets a Holocaust victim, or an heir or beneficiary of that victim, sue in the superior court of the county where the plaintiff resides to recover on the policy.

The ordinary statute of limitations does not bar the claim, provided the action was commenced on or before December 31, 2010. Unlike some of the other historical-claims sections in this chapter, § 354.5 does not include its own severability clause.

Frequently Asked Questions

Can Holocaust survivors or their heirs still sue insurers in California?

Yes, if the action was commenced on or before December 31, 2010. Section 354.5 lets Holocaust victims and their heirs or beneficiaries sue on insurance policies purchased or in effect in Europe before 1945.

Where must a § 354.5 action be filed?

The section directs that the action be brought in the superior court for the county where the plaintiff, or one of the plaintiffs, resides.

Amendment History

Effective 10/10/1999 (Bill Number: AB 600) (Chapter 827).

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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