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§ 28-104. Causes of action brought by Holocaust victims

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 28. Holocaust Victims Insurance Act (Refs & Annos)
MD Code, Insurance, § 28-104
§ 28-104. Causes of action brought by Holocaust victims
Dismissal of action on limitations grounds prohibited
(a) Notwithstanding any law or agreement among the parties to an insurance policy to the contrary, any action arising from an occurrence during the period between January 1, 1929, and December 31, 1945, brought by a Holocaust victim seeking proceeds of an insurance policy issued to or covering the life or property of a Holocaust victim before December 31, 1945, may not be dismissed for failure to comply with any statute of limitations or laches or other similar provision of any applicable law relating to the timeliness of the filing of claims that might prevent a claim from being heard on its merits, or any notice requirements imposed by any insurance policy if the action is commenced within 10 years after the effective date of this title.
Stay or dismissal of action prohibited
(b) Any action arising from an occurrence during the period between January 1, 1929, and December 31, 1945, brought by a Holocaust victim seeking proceeds of an insurance policy issued to or covering the life or property of a Holocaust victim before December 31, 1945, may not be stayed or dismissed under the Maryland Rules of Civil Procedure.
Discretion of trial judge
(c) In recognition of the significant period of time that has passed and in order to effect the goals of substantial justice, the rules regarding the admissibility of evidence, and principles of law or other rules relating to the admission of hearsay evidence shall be relaxed at the discretion of the trial judge in any action or proceeding authorized by this section.

Credits

Added by Acts 1999, c. 117, § 1, eff. July 1, 1999.
MD Code, Insurance, § 28-104, MD INSURANCE § 28-104
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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