Aviation – Insurance

NON-ADMITTED INSURER

SUBROGATION CLAIM ONLY IN THE NAME OF THE INSURED  Peggy Sharon, Adv.   On 23 January 2017 the Supreme Court dealt with the question of whether a non-admitted insurer is entitled to file a subrogation claim in Israel in its own name and answered the question in the negative (C.A. 8044/15). The Court upheld the

By |January 3rd, 2018|Categories: Aviation - Insurance|

Interpretation of “Cancelled Flight” according to the Aviation Services Law

Adv. Peggy Sharon     Adv. Keren Marco Introduction: The Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 (ASL), defines a "cancelled flight" as: “Any one of the following, however, a change to the flight number will not be deemed to be a flight which has been cancelled:  A flight which

By |December 25th, 2017|Categories: Aviation - Insurance|

What is considered “accident” under the Convention?

Adv. Peggy Sharon and Adv. Keren Marco Introduction In February 2017, the Tel Aviv Magistrates Court declined a passengers' monetary claim for bodily injury damages after it reached the conclusion that the occurrence which was the subject matter of the clam is not considered as “accident” as required by the Convention.[1] The Claim Plaintiff, a

By |December 25th, 2017|Categories: Aviation - Insurance|

THIRD PARTY LIABILITY / PROFESSIONAL INDEMNITY – WHICH POLICY SHOULD APPLY?

A fine line differentiates between act or omission of a torfeasor which could be covered by Professional Indemnify Policy and act or omission that could be covered by Public Liability Policy.   For example, if a pedestrian falls due to a broken pavement – is the Municipality where the pavement is situated covered by its

By |December 24th, 2017|Categories: Aviation - Insurance|

Extra Contractual Damages due to Unjustified Declination of Insurance Claim

Hadas Adler, Adv. C.C 3168/09 The Third Step Ltd. v. the Israel Phoenix Insurance Co. Ltd General Background Plaintiff is a company engaged in the business of import and marketing of women's footwear. In December 2006 a fire broke out in Plaintiff's rented storeroom and totally destroyed it and its contents. The storeroom was insured

December 24th, 2017|Categories: Aviation - Insurance|

Israel published a new directive draft designed to ensure quick and fair claim settlements of long term care insurances

by Guy Shmueli During the last few years the Israeli media published many stories of Insureds who purchased Long Term Care policies and who became involved in a lengthy and complex process when trying to exercise their rights to obtain said insurance benefits. The issue raised awareness when during a recent meeting of the Israeli

December 24th, 2017|Categories: Aviation - Insurance|

Litigation of D&O Claims in Israel

Adv. Moshe Abady, Adv. Yael Navon and Adv. Adi Margalit D&O Liability Team; December 2017 What is the most significant change in D&O Litigation in Israel in the last few years? The increase in the number of motions filed with the Court requesting to certify the filing of Derivative Actions against D&Os. Whereas between the years

By |December 18th, 2017|Categories: Aviation - Insurance, D&O|

Is a Flooding of Groundwater a Foreseen Event in a Construction Policy?

Peggy Sharon, Adv. C.A 8776/15 Ayalon Insurance Company Ltd v. Malibu Construction Company (December 2017). Background In 2006, the Malibu Construction Company (hereinafter - "the contractor") won a tender for the construction of an underground passage under the railway tracks in Akko.  Attached to the tender there was a professional opinion of a soil engineer

By |December 14th, 2017|Categories: Aviation - Insurance|

Underwriting of a Policy

The Insured's Disclosure Duty v.The Insurer's Obligation to Conduct Independent Investigations. Dror Zamir, Adv. & Hadas Adler, Adv.    C.C 24088-08-13 Leibowits and Others v. Apolo Investments Ltd. and Others In one of her last Judgments before her retirement, Judge Denia Keret-Meir from the Tel Aviv Economic District Court handed down a comprehensive and significant

By |December 13th, 2017|Categories: Aviation - Insurance|

The Israeli Court declined a JB Claim accepting the Argument of Fraud

Adv. Peggy Sharon, Adv. Sharon Shefer and Adv. Karin Barel October 2017 On 25th September 2017, the Central District Court (Judge Kinar) declined a Claim filed by Plaintiffs: Eran Polack (hereinafter: Polack) and several companies controlled by Polack against Insurers: Menorah Mivtachim Insurance Company, after Menorah, represented by Levitan, Sharon (P. Sharon, S. Shefer, K.

By |December 10th, 2017|Categories: Aviation - Insurance|Tags: , , , , |

THIRD PARTY LIABILITY / PROFESSIONAL INDEMNITY – WHICH POLICY SHOULD APPLY?

A fine line differentiates between act or omission of a torfeasor which could be covered by Professional Indemnify Policy and act or omission that could be covered by Public Liability Policy. For example, if a pedestrian falls due to a broken pavement – is the Municipality where the pavement is situated covered by its PI

By |July 9th, 2017|Categories: Aviation - Insurance|

THE INSURED’S OBLIGATION TO PAY THE DEDUCTIBLE

The question which was recently raised in the Haifa Magistrates Court in the case of CC 6365-08-15 Harel Insurance Co. v. Magid  was:  Whether the Insured is obliged to pay the deductible according to the Policy, even if the claim filed against him was declined?   Background The Defendant (hereinafter: the Insured), was insured by

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

The Status of Insurance Policy Confirmation

The Israeli non-life Insurance Market uses an additional document to the Insurance Policy issued to the Insured. This document is called Insurance Policy Confirmation (hereinafter: I.P.C.) which is issued at the request of the Insured. The I.P.C. is usually requested by Third Parties which enter into commercial contract with the Insured. For instance: a landowner

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Limitation Period in Insurance Claims

Recent judgment relating to an insurance claim which denied Plaintiff's arguments regarding an extension of the time frame for filing an insurance claim  A recent Magistrate Court decision rejecting Plaintiff's Claim which was filed after the Limitation Period prescribed by the Insurance Contract Law-1981 (hereinafter: the Insurance Contract Law) was handed down in C.C. 3737-04-14

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Is an explosion caused by an explosive device attached to a vehicle an accident as stated in the Road Accident Victims Compensation Law – 1975?

On the 12th January 2016 a judgment was handed down by the Israeli Supreme Court in the matter of 8238/14 Jalal Mruh Cilawee Vs Shirbit Insurance Ltd. The judgment determined that an explosive device which explodes following attachment to a vehicle does not constitute an accident as defined in the Road Accident Victims Compensation Law

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Draft Guidelines Published by the Commissioner of Insurance – Claims Handling

During the past few years, the Israeli Commissioner of Insurance published a long list of guidelines which dictated insurers’ conduct – both during the underwriting process (including guidelines for the drafting of an insurance programme) and during the claims handling process. On 28 March 2011, the Commissioner published detailed guidelines determining the documents which are

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Application of Article 25 of the Warsaw Convention to Gross Negligence

According to Clause 62 of the Insurance Contract Law, 1981 (hereinafter: the Insurance Law), once the Insurer compensated the Insured, it is entitled to an independent right of subrogation against the tortfeasor. A question arises – does the right of the Insurer to subrogate still exist in a situation where the Insured claimed the full

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Application of Article 25 of the Warsaw Convention to Gross Negligence

Introduction The Magistrates Court of Acre applied Article 25 of the Warsaw Convention[1] and determined that a claim was not subject to the limitation of indemnity provided by Article 22 of the Convention.   The Facts On 31st July 2009, while returning from Toronto to Israel on an EL AL flight, during the security check-in

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |