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By Adv. Rachel Levitan and Adv. Idit Spieser

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 afforded by the product liability policy.

By Adv.  Idit Spieser

A recent judgment by the Jerusalem District Court may change the current interpretation of the law concerning the prescription period for liability insurance. The judgment considerably prolongs an insurance company's exposure to indemnify claims filed by insured persons.

By Adv. Aviv Klepner

The Tel Aviv District Court handed down its judgment, ordering Insurer to compensate Plaintiff for extensive loss of profits due to late payment of undisputed insurance benefits that caused the inability of the Insured to reinstate the business.

By Adv. Yael Navon

In a recent Court judgement handed down by the Magistrates Court of Tel Aviv, the Court denied an insurance claim due to the fact that the insured provided false information regarding the identity of the driver of the insured car. The false information was provided in order to try and avoid payment of the high deductible which applied to damages caused by a young driver. 

Several years ago the Commissioner of Insurance issued two directives regarding an insurer's duty upon declination of coverage. The first, issued on 9 December 1998 provided that when an insurer decides to decline coverage it must include in its letter of declination all the reasons which have led to taking this decision.  The second directive, issued on 29 May 2002 provided that an insurer may raise declination arguments which were not included in its letter of declination only if they are based on new circumstances which developed after the letter was issued or if the insurer could not have known about them at the time it declined the insured's claim.

The Insured's Duty to Initiate Disclosure Decision of the Israeli Supreme Court

According to the Israeli Supreme Court, once the claim of the living injured to damages for loss of earnings in the "lost years" is recognised as valid - also the right of the estate of the deceased to such damages should be recognised.

According to a new Supreme Court judgment, an insurer cannot raise defence allegations which were not mentioned in the first letter of declination.

Application of Deductible -Recent Decisions of the Israeli Courts 

Limitation Period in Liability Insurance - Seven Years from the  Date the Insured became Aware of the Cause of Action Against Him

 According to Section 70 of the Insurance Law, in Liability Insurance the insured’s claim shall not be time barred until the claim of the third party against the insured has prescribed. Since this section is drafted in the negative, a question has arisen: when will an insurance claim against the liability insurer be time-barred? In the judgement handed down in A.C.A. 5916/02 Hamishmar v. Eliahu Insurance Co. and Others the Supreme Court ruled that the claim against the liability insurer is time-barred after the expiry of seven years from date of filing the claim by the third party against the insured.

The Israeli Supreme Court handed down a judgement on the question of whether an insurer who paid insurance benefits to his insured under a Property insurance policy, is entitled to contribution from another insurer who covered the same property under a policy issued to another insured.

Agreement on Polygraph Test - Interpretation in Favour of Insurers or Insureds?

What is an Intentional or Criminal Act in P.I. Policies?