Movsesian v. Victoria Versicherung AG, No. 07-56722

Insurance Claims by Persons Descended from Armenians Persecuted by the Ottoman Empire

In Movsesian v. Victoria Versicherung AG, No. 07-56722, claims by persons descended from Armenians persecuted by the Ottoman Empire seeking benefits from defendant insurers, the court affirmed the denial of defendants' motion to dismiss plaintiffs' claims for breach of contract and breach of the covenant of fair dealing, where Cal. Civ. Proc. Code section 354.4 did not conflict with a clear, express federal executive policy, because there was no express federal policy forbidding states to use the term "Armenian Genocide."

As the court wrote:  "Section 354.4 of the California Code of Civil Procedure extends the statute of limitations until 2010 for claims arising out of life insurance policies issued to "Armenian Genocide victim[s]." Cal.Civ.Proc.Code § 354.4(c) (West 2006). The primary issue in this appeal is whether § 354.4 conflicts with a clear, express federal executive policy. We conclude that there is no express federal policy forbidding states to use the term "Armenian Genocide," and we affirm the district court."

Related Resources

• Read the Ninth Circuit's Decision in Movsesian v. Victoria Versicherung AG, No. 07-56722