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: |