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The New Class Actions Law 


Draft guidelines for insurance programmes

On 6th September 2011 the Israeli Commissioner of Insurance published draft guidelines for insurance programmes sold in Israel. The guidelines impose on insurers a wide duty of disclosure and clarity in drafting the wording of policies. Further detales.


Applicability of the Montreal Convention in Israel

A few months ago the Israeli Carriage by Air Law - 1980 was amended by applying the Montreal Convention to international and domestic carriage. The amendment will come into force on 20th March 2011, following a publication in the official gazette by the Foreign Ministry stating that the Montreal Convention will now apply in Israel. Further detales.


D&O Seminar

On 3rd April 2011 Levitan, Sharon & Co. held their D&O Seminar at the Dan Hotel in Tel Aviv.  Further detales.


Consequential Losses Are they covered by Standard Product Liability Policy

In a recent judgement (June 2011) the Court of Appeals handed down its decision in C.A. 1228/08 Molram  Hoist & Lifting Equipment & others v. Bituach Haklai Ltd. & others which dealt with the question relating to the cover of Consequential Losses afforded by the product liability policy. Further detales.


AIDA Conference The annual conference of AIDA Israel took place on Thursday, 8 September 2011, at the Hilton Tel Aviv Hotel. The conference was organized Adv. Peggy Sharon and by Adv. Peter Gad Naschitz, both are members of the AIDA International Presidential Council. This year, for the first time, the conference was attended by the AIDA International Presidential Council members, including its president, Mr. Michael Gill of Australia. After competing with Greece, Turkey and Morocco to host the AIDA Conference in their respective countries, it was Adv. Peggy Sharon who convinced the Presidential Council to hold the conference in Israel. Over 130 attendees from South America, Australia, Japan, Turkey, Morocco, Greece, UK, Finland and Israel attended and enjoyed the conference.

 Further detales.


Publications

Rachel Levitan has recently written the Israeli chapters in two insurance related Publication: "Insurance Portfolio Transfers: Move and Let Go", published by the International Bar Association and "Time bar in Insurance and Reinsurance" published by Clyde & Co.


 
     
 

Aviation
Applicability of the Montréal Convention in Israel Print E-mail

By Adv. Moshe Abady and Adv. Deror Lin 

A significant new amendment was recently made to The Carriage by Air Law - 1980. Until recently, the Law applied the Warsaw Convention of 1929 (as well as the Hague Protocol - 1955) for international and domestic air carriage.

 

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Is The Two Years Limitation Provided by the Warsaw Convention Subject to Extension Print E-mail

Adv. Peggy Sharon and Adv. Keren Marco

On July 27 2008 in Siberia Airlines v The Estate of Alexander Grigorbaich the Tel Aviv District Court dealt with the issue of whether the two-year limitation period provided under the Warsaw Convention may be extended based on, among other things, the Israeli Law of Limitation 1958. The registrar of the district court ruled that under unique circumstances, such as proven allegations of fraud against the defendant, it is possible to extend the convention's short prescription period. On 23 February 2010 a motion for leave to appeal to the Supreme Court was denied based on the same reasoning.

 

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Agency Relationship Between Carrier and Travel Agency (The Responsibility for Exchange Rate) Print E-mail

Adv. Peggy Sharon and Adv. Oded Cederboim

In the eyes of the Supreme Court, a travel agency may be considered as an agent of a carrier when the carrier knew, encouraged or instructed the travel agency how to act.

 

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Multinational Accidents – Which Law should Apply? Print E-mail

By Adv. Peggy Sharon

Air accidents inevitably raise numerous complex issues, one of which is invariably that of  jurisdiction.  Where the Warsaw system of conventions applies as was amended eventually by the 4th Protocol of Montreal, a framework for jurisdiction is specified; however, where Warsaw  Convention does not apply, jurisdictional issues may become more problematic.

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What Constitutes "Willful Misconduct" An Israeli Perspective Print E-mail

By Adv. Peggy Sharon 

For the plea of willful misconduct as stated in Section 25 of the Warsaw Convention, the plaintiff has to prove both that the degree of the negligence (deviation from the standard of care) is very high - an objective test, and in addition that the carrier was aware of the probability of the occurrence of damage due to its behaviour and yet was indifferent to this result - a subjective test.

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Will Payment for the Lease of an Aircraft Print E-mail

By Adv. Peggy Sharon and Adv. Keren Marco 

In a recent judgement handed down on 4th November 2009 by the Tel Aviv District Court, the Court interpreted the term "for reward" for the applicability of the Warsaw Convention to the crash of a helicopter which was leased.

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Will the Warsaw Convention Apply to a Freight Forwarder? Print E-mail
 

Adv. Peggy Sharon and Adv. Moshe Abady

The freight forwarder may act in several capacities - sometimes just as an agent for its clients for the coordination of the shipment, without issuing an Airway Bill but sometimes it issues an airway bill and undertakes to deliver the shipment from point A to point B.

The liability of an air carrier is provided by the Warsaw Convention which was enacted into the Israeli law by the Israeli Carriage by Air Law - 1980.

The question is whether the liability of the freight forwarder is also governed by the Warsaw Convention?

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Deep Vein Thrombosis (DVT) - Not An Accident Print E-mail

Adv. Peggy Sharon

In a recent ruling by the Tel-Aviv District Court (Sept. 2007)  the court addressed the question whether a death of a passenger resulting from DVT can be considered an "accident" according to the Warsaw Convention. The court reaffirmed a previous ruling  that determined that DVT should not be considered an accident within the scope of the Warsaw Convention and that despite the unfortunate circumstances, the claim should be dismissed.


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Will The Warsaw Convention Apply to Non - Regular Transportation? Print E-mail

 By Adv. Peggy Sharon and Adv. Moshe Abady

An aircraft accident resulting in bodily injury to passenger is governed by The Warsaw Convention , which on the one hand, imposes almost strict liability on the air carrier but on the other hand, limits the amount of indemnity payable to the passenger.

Article 1 of the Convention provides that 'This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking'.

In order that the limit of indemnification will apply, the air carrier should issue a flight ticket which includes a declaration that the carriage is subject to the rules relating to liability as established by the Warsaw Convention.

 

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