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Lawyers |
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Jewellers' Block Policy
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Sale or Entrustment of Diamonds in Reliance on Forged Documents or Fraud Covered or not by the J.B. |
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it is hard to believe how many cases involve this question or some variation of it, but nevertheless until to date there is no clear-cut precedent.
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Interpretation of a Policy condition - "Stock to be locked during exhibition hours" |
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Most policies which cover diamonds during exhibitions, include a special condition according to which: “Stock should be displayed in key-locked showcases at all times during exhibition hours other than whilst removed for showing to customers”.
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Unattended Vehicle |
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In a recent judgment (C.A 004916/96 Jotaly v. Naptonia and Others, Magistrates Court of Haifa - not yet published), the Israeli court once again ruled that the Unattended Vehicle Exclusion applies to a loss of insured property from a vehicle which was left unattended for a few moments.
The court accepted insurers’ position that the exclusion applies also in cases where it was not the insured who left the vehicle, but a carrier who carried the goods to the insured’s premises.
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Arbitration - Is it Time to Add a Mandatory Arbitration Clause to the J.B policies? |
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Most J.B policies contain an arbitration clause only in respect of a dispute regarding quantum, but the clause does not refer the parties to arbitration in case of other disputes regarding coverage or liability.
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Double Insurance |
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By Adv. Peggy Sharon and Adv. Sharon Shefer
It often happens that two or more insurance policies apply to the same interest in diamonds which are conveyed from one diamonteer to another. When these diamonds are lost in a hold-up or due to other insured events, an issue of double insurance may arise.
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Limitation Period in Israel |
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By Adv. Peggy Sharon and Adv. Sharon Shefer
The limitation period for filing an insurance claim against an insurer is a critical issue for both insurers and insureds.
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Evidence by Foreign Witnesses in the Israeli Courts |
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By Adv. Peggy Sharon and Adv. Sharon Shefer
In recent years, due to the political situation in Israel, Israeli diamond dealers have been travelling abroad more often in order to meet with their clients.
As a result, there has been a direct increase in the number of losses and thefts involving Israeli diamonteers outside the country and new problems are being faced by both Israeli and non-Israeli insurers which provide coverage to these diamonteers.
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Contributory Negligence of the Assured |
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Insurers are often faced with cases in which part of the fault for the loss or damage lies with the assured or someone on its behalf, nevertheless, they are obliged to pay insurance benefits regardless of the assured's acts.
In these cases, during the past few years, the Israeli courts have begun to adopt the contributory fault doctrine also in insurance cases.
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