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Court: Families cannot get pay

Court’s 2-1 ruling denies insurance pay to relatives of Armenians killed in 1915-18 massacre.

August 21, 2009|By Christopher Cadelago

GLENDALE — The 9th U.S. Circuit Court of Appeals on Thursday nullified a state law that allowed descendants of Armenians killed in the Turkish Ottoman Empire to request payment on the life-insurance policies of relatives.

The federal appeals court said in its 2-1 ruling that the law amounted to unconstitutional interfering in U.S. foreign policy.

The decision was based on a 2003 U.S. Supreme Court ruling that struck down a state law designed to assist Holocaust survivors collect on World War II-era insurance policies.

Three times Congress has considered resolutions in the last decade that would have provided recognition of the genocide. But the White House has urged each time that the bills be foiled, fearing that their passage would damage relations with Turkey, whose government denies that a genocide took place.

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Mass slaughtering of Armenians during World War I have never been recognized by the federal government as genocide, despite the state Legislature’s doing so nine years ago when it enacted the law in question.

Rep. Adam Schiff, who as a state assemblyman co-wrote the overturned law, could not be reached for comment.

Earlier Thursday he said he found the court’s reasoning perplexing.

“You have a group of people that has a government that hasn’t had the will to recognize the genocide and as a result of that failing, are being told they don’t have valid insurance claims,” Schiff told the Associated Press.

The state law gives relatives of Armenians who died or fled until the end of 2010 to file claims for bank accounts and life-insurance policies.

If the ruling stands, Armenian heirs would be prevented from claiming inheritances.

Class-action lawsuits brought by Armenian relatives across the county eventually led to $20-million and $17-million settlements in 2005.

The court’s ruling Thursday reversed one of a lower court judge who refused to dismiss another class-action suit against European insurance companies. Armenian National Committee members could not be reached for comment late Thursday.

The ruling would also prevent California and other states from observing the anniversary of the ethnic bloodshed — which between 1915 and 1919 claimed the lives of as many as 1.5 million Armenians, said Brian S. Kabateck, a Los Angeles lawyer representing the plaintiffs, whose own maternal grandparents died in the genocide.

Because the ruling does not apply retroactively, none of the California residents paid as part of earlier settlements must refund the money, he said.


CHRISTOPHER CADELAGO covers City Hall and the courts. He may be reached at (818) 637-3242 or by e-mail at christopher.cadelago@ latimes.com.

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