Quick Navigation
Home
Search
Contact Us
Site Map
Choose Language:

Recent Articles
recentmodule.jpg 
 View our recent articles 
Lawyers
lawyersmodule.jpg
Spotlight on
ca1.jpg 

The New Class Actions Law 

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.

D&O Seminar

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

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.

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.

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.

 
     
 

CC 1076/99 Neve Ganetal et al v. Israel Phoenix Assurance Print E-mail

C.A.R. Policy - Accidental and Unexpected Loss or Damage


In a recent judgement, CC 1076/99 Neve Ganetal et al v. Israel Phoenix Assurance Co. Ltd. et al , the Tel Aviv District Court ruled on the proper interpretation of an 'insured event' under a Contractors All Risk Policy.

 

In this case, the insured constructed a project comprising two buildings. After casting the roof of the second floor of the first building, it transpired that the structure had erroneously been erected about six meters away from its planned location.

 

The insured had to demolish the building and rebuild the entire project. This resulted in a significant delay in the completion of the project and substantial increase of costs. In addition, compensation to third parties had to be borne.

 

The policy defines an insured event as: '...accidental and unexpected physical loss or damage to the project or part thereof ...'

 

Accordingly, there are three cumulative prerequisites which had to exist in order for the loss to be considered as an 'insured event'.

 

p4.jpg(1) Physical loss or damage- the Court determined that although there was no damage to the building itself, nevertheless the decrease in the value of the project due to the error, the expenses which were incurred therefor, etc., should all be considered as 'damage' for the purpose of policy coverage. Moreover, the term 'loss' should be interpreted broadly enough to cover not only damage to the building itself, but also a decrease in the value of the property.

 

 (2) Accidental- improper planning and faulty building cannot fall under the definition of accidental loss. The term 'accidental' refers by its very nature to a sudden event which is not a result of the natural sequence of events. Faulty workmanship cannot be considered as an accident. 

3) Unexpected- Since it was determined by the Court that the occurrence cannot be regarded as accidental, accordingly, it was held that the above occurrence is also not an unexpected event.

 

In view of the above, the Court determined that the insured is not entitled to indemnification under the policy in respect of the losses sustained as a result of the error, and his claim under the policy was dismissed.

 

It should be noted however, that an appeal was filed to the Supreme Court on the District Court's decision, which is still pending.

 
[ Back ]

 
 
Levitan, Sharon & Co. |  Tel. +972-3-6886768 |  Site Map |
Contact Us
 

 

בניית אתרים