Steinberg

The foreign policy of the United States with respect to claims for unpaid insurance benefits arising out of the Holocaust era favors settlement over litigation, and provides that the exclusive forum for resolution of such claims should be the International Commission on Holocaust Era Insurance Claims (ICHEIC). While this foreign policy is reflected in executive agreements the President signed with Germany and Austria, the policy itself extends to claims against insurance companies in nations with which no executive agreement has been executed.

Plaintiffs are Holocaust survivors and their heirs, who have submitted claims to the ICHEIC with respect to Holocaust era insurance policies issued by Assicurazioni Generali (Generali), an Italian insurer. Plaintiffs’ claims were processed according to ICHEIC guidelines, and were either denied or diminished. Plaintiffs brought the instant action against ICHEIC, alleging ICHEIC’s claims resolution guidelines constitute unfair business practices under California law. Plaintiffs assert that Code of Civil Procedure section 354.5 (section 354.5) provides a statutory basis for their lawsuit. We conclude that section 354.5, which provides…