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H.R. 3008IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 5 · H.R. 3008

Effect of prior judgments and releases

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(a) In general (1) Effect Subject to subsection (b)(1), a judgment or release described in paragraph (2) shall not preclude, foreclose, bar, release, waive, acquit, discharge, or otherwise impair any claim brought under section 4 by any person. (2) Judgments and releases A judgment or release described in this paragraph is— (A) a judgment entered before the date of enactment of this Act for any claim arising under a covered policy in any civil action in a Federal or State court; or (B) an agreement entered into before the date of enactment of this Act under which any person (on behalf of the person, any other person, or a class of persons) agrees not to assert or agrees to waive or release any claim described in subparagraph (A), regardless of whether the agreement is— (i) denominated as a release, discharge, covenant not to sue, or otherwise; or (ii) approved by a court. (b) Rules of construction (1) In general Except as provided in paragraph (2), nothing in this section shall affect the validity or enforceability of any agreement entered into between any claimant under a covered policy and the International Commission on Holocaust Era Insurance Claims or an insurer under which the claimant has agreed to release or waive any claim in consideration for payment under a covered policy. (2) Exception Paragraph (1) shall not apply to any agreement for which the payment is denominated as humanitarian by the International Commission on Holocaust Era Insurance Claims.

Sec. 5: Effect of prior judgments and releases · Public Law Tracker