The New Class Actions Law
On 24 April 2009 the Haifa District Court handed down its decision in an insurance claim filed by Sky Club Ltd - C.F.270-00. In its decision, the District Court ruled that an insurer which failed to pay insurance benefits on time may be obliged to compensate the insured for the damage it suffered as a result of the delay.
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Recently the District Court of Tel Aviv adopted a narrow interpretation to Regulation 482 in order to prevent potential plaintiffs from taking advantage of the willingness of foreign companies to resolve disputes between the parties in order to subject them to the jurisdiction of the Israeli Court system.
In two recent judgement handed down by the District Court of Tel Aviv the court discussed the implication of placing criminal liability on directors and officers and reached contradicting conclusions.
Recently two Court rulings were handed down, in which the courts referred to several aspects of a derivative claim: Only in rare circumstances will a derivative claim be dismissed in limine; a Derivative Claim Cannot be Filed by a Former Shareholder.
In two Court rulings handed down recently, the Court imposed personal liability on the D&Os towards employees of the company.
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Yael Navon, Adv.
In a precedent decision handed down by the Tel Aviv District Court on 7th October 2008, the Court ordered the largest milk distributor in Israel - TNUVA - to compensate its milk consumers for mixing silicon into its products and concealing this fact from the public. The sum awarded by the Court is the highest compensation ever awarded in a Class Action in Israel.
By Adv. Peggy Sharon, Senior Partner and Adv. Yossi Givoni, Partner
The Tel Aviv District Court accepted the position of Clal Insurance Co. (represented by our firm) that a product liability policy only covers physical damage caused to third party property and not financial damages allegedly sustained thereby. In addition, such damages were specifically excluded from coverage under the Recall Exclusion.
Since the sixties a major effort was undertaken to reform the existing civil legislation which, as mentioned, was mostly Mandatory and even Ottoman. A series of laws was enacted in the field of civil law, including the Contracts Law (General Provisions) - 1973, the Contract Law (remedies) - 1970. These laws were mainly based on the German Codex.
Dring the 1980's the Israeli legislator enacted a list of laws which were consumer oriented namely laws which were meant to protect the consumers. Among these laws are the Consumer Protection Law - 1981, Liability for Defective Products Law -1980, the Insurance Contract Law -1981 and others.
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