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This entry was published on 2014-09-22
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SECTION 2704
Rights of action
Insurance (ISC) CHAPTER 28, ARTICLE 27
§ 2704. Rights of action. (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 first,
nineteen hundred twenty-nine and December thirty-first, nineteen hundred
forty-five brought by a Holocaust victim seeking proceeds of an
insurance policy issued to or covering the life or property of a
Holocaust victim prior to December thirty-first, nineteen hundred
forty-five, shall 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 provided the action is
commenced within ten years from the effective date of this article.

(b) With respect to any action arising from an occurrence during the
period between January first, nineteen hundred twenty-nine and December
thirty-first, nineteen hundred forty-five brought by a Holocaust victim
seeking proceeds of an insurance policy issued to or covering the life
or property of a Holocaust victim prior to December thirty-first,
nineteen hundred forty-five no such action shall be stayed or dismissed
pursuant to rule three hundred twenty-seven of the civil practice law
and rules.

(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, including but not limited to
rule forty-five hundred eighteen and section forty-five hundred nineteen
of the civil practice law and rules, 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.