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The ICHEIC
claims process provides ICHEIC claimants the opportunity to
appeal a company's decision in certain instances. Claimants
will have a right of appeal if they 1) named Allianz, AXA,
Zurich or Winterthur, or 2) any of their subsidiaries, or
3) were unable to name one of those companies but ICHEIC found
a matching record which indicates the company may have issued
a policy, or 4) named another German insurance company or
if the German insurance company found a matching record which
indicates it may have issued a policy.
There
are two independent and impartial appeals bodies that adjudicate
appeals:
- The Appeals Tribunal, which will consider appeals on decisions
from all member companies and German MOU company decisions
dated before October 16, 2002 (see Appeals Panel below).
ICHEIC established the ICHEIC Appeals Tribunal to provide
claimants an avenue through which they can appeal decisions
on named company claims or matched unnamed company claims,
at no cost to them. The Tribunal determines appeals in accordance
with established Rules of Procedure and is comprised of
a President, a Vice President and independent Arbitrators.
- The
Appeals Panel, established under ICHEIC's Agreement with
the German Foundation and German Insurance Association,
which will consider appeals on decisions from German insurance
companies, including member companies, dated on or after
October 16, 2002. The Appeals Panel consists of three members,
one of whom is appointed as Chairman. The Appeals Panel
determines appeals presented to it in accordance with the
Appeals Guidelines, which are Annex E to the German Foundation
Agreement.
Both the
Appeals Tribunal and the Appeals Panel independently and impartially
determine appeals on ICHEIC claims. This is intended as a
guarantee that decisions made by the Tribunal and Panel are
impartial and in accordance with the rules and guidelines
set out for each.
The Sjoa
Foundation and Buysse Commissions have separate review processes.
Claimants
will be provided with the necessary forms to submit an appeal
upon receipt of a final decision letter from an insurance
company. After submitting all appeals forms, appellants will
receive an acknowledgement letter. Any relevant additional
material related to the claim that had not previously been
submitted to ICHEIC will be forwarded to the insurance company
for consideration. Appeals on ICHEIC claims are determined
by an independent and impartial arbitrator who will take into
account all the evidence submitted.
There
are no costs associated with the appeals process. However,
appellants are welcome, at their own expense, to any representation
they desire. Appeals are typically on a "documents only"
basis but if a request is made for an oral hearing then each
party will be responsible for their own costs relating to
their participation in the hearing.
The appeals
process should take approximately 6 months from receipt of
appeals forms until resolution. This time period may lengthen
in complex cases.
Decisions
or awards made by an Arbitrator are final.
Reports
on the appeals process
will be published on a bi-weekly basis, available in the Documents
Section.
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