N001587
Monday, January 14, 2002 1:22 PM
(no subject)
The proposed rules concerning reduction of payments on account of life
insurance pensions etc. should be modified.Rather than a single national
rule, the effect thereof for each victim should be determined based on his
domicile or else his primary place of employment, and the law of collateral
benefits for that situs should apply.
Most victims let the state of their
domicile or employment control their daily personal and financial actions,
and it can be presumed that if, for example, a victim bought a life insurance
policy, he expected that the situs of employment/domicile would apply its
collateral benefits rule in the event of a tort causing death. It would be
inequitable for a single rule to apply. The result would be that for most
victims in the airplanes, the collateral benefits rule for their home state
or state of employment would apply.
For most victims on the ground, New
York, New Jersey, Connecticut, District of Columbia, Maryland or Virginia law
would apply.
Individual Comment