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Schiff Calls On Appeals Court To Rehear Genocide Insurance Claims Ca

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  • Schiff Calls On Appeals Court To Rehear Genocide Insurance Claims Ca

    SCHIFF CALLS ON APPEALS COURT TO REHEAR GENOCIDE INSURANCE CLAIMS CASE

    AZG DAILY
    24-09-2009

    Armenian Genocide

    Congressman Adam Schiff, a Congressional Leader on Armenian issues
    and co-author of the California State law allowing family members of
    Armenian Genocide victims to request payment on the life-insurance
    policies of relatives, filed an amicus brief with the U.S. Court of
    Appeals for the Ninth Circuit in support of a petition for a rehearing
    before the entire Ninth Circuit Court, asbarez.com reports.

    In late August, a three judge panel of the Ninth Circuit struck down
    the California state law which allowed the insurance claims, claiming
    the state law was pre-empted by federal policy.

    In the brief, Rep. Schiff argues that the federal government has never
    discouraged states from recognizing the Armenian Genocide or acted to
    pre-empt state efforts to allow insurance claims to go forward. Schiff
    also pointed out that the state law contains a "severability" clause,
    meaning any reference held to be invalid can be severed from the rest
    of the law.

    "It would be a tragically unjust result - not to mention one
    unsupported by law -- for this court to deny relief to the victims
    of these atrocities because of the use of an historically accepted
    term that, however proper, could be severed from the statute by its
    own terms," said Schiff. "Nothing in law or equity compels such an
    injurious result."

    In the brief, Rep. Schiff points out that neither Congress nor the
    Executive Branch has ever taken a position or acted to preempt state
    efforts to resolve insurance claims of Armenian Genocide victims and
    their heirs. Additionally, Rep. Schiff demonstrates that neither of
    these branches of government has ever acted to preempt or discourage
    states' recognition of the Armenian Genocide.

    The U.S. government has consistently recognized that 1.5 million
    Armenians lost their lives at the hands of the Ottoman Empire
    between 1915 and 1923, and the federal government has alway o obtain
    compensation for their injury - particularly when they have a valid
    contractual right to recover.
    From: Baghdasarian
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