(Solution Download) The plaintiffs in this case were descendants of Holocaust victim


The plaintiffs in this case were descendants of Holocaust victims who had lived in various countries in Europe. Before the Holocaust, the plaintiffs? ancestors had purchased insurance policies from Assicurazioni Generali, S.P.A., an Italian insurance company. When Generali refused to pay benefits under the policies, the plaintiffs, who were U.S. citizens and the beneficiaries of these policies, sued for breach of the insurance contracts. Due to certain agreements among nations after World War II, such lawsuits could not be filed for many years. In 2000, however, the United States agreed that Germany could establish a foundation?the International Commission on Holocaust-Era Insurance Claims, or ICHEIC?that would compensate victims who had suffered losses at the hands of the Germans during the war. Whenever a German company was sued in a U.S. court based on a Holocaust-era claim, the U.S. government would inform the court that the matter should be referred to the ICHEIC as the exclusive forum and remedy for the resolution. There was no such agreement with Italy, however. The plaintiffs sued the Italy-based Generali in a U.S. district court. The court dismissed the suit, and the plaintiffs appealed. Did the plaintiffs have to take their claim to the ICHEIC rather than sue in a U.S. court? Why or why not? [In re Assicurazioni Generali, S.P.A., 592 F.3d 113 (2d Cir. 2010)]

 







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