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Insurance Benefits in "No Fault" System – Deduction of Tax on Compensation Paid to Road Accident |
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Consequential Losses: Are they covered by Standard Product Liability Policy? |
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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.
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Draft Guidelines for Insurance Programmes |
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by Adv. Tammy Greenberg
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.
The introduction to the guidelines refers to the gap in knowledge and professionalism between the insurer and the insured and as a consequence, the need for discovery and transparency.
Generally speaking, a policy should be drafted in a fair manner and should not take advantage of the insurer's power over the insured. It should include all relevant information and be worded in clear and simple words
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Carrier's Liability to Passengers' injury during Disembarkment - Full Damages Imposed |
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Adv. Peggy Sharon and Adv. Keren Marco
In a recent judgment handed down by the Magistrates Court of Tel Aviv, C.F. 45123/08 Rivka Ben Shushan v. Israir Aviation and Tourism Ltd (29.3.11), the Court accepted a bodily injury claim filed by a passenger who was injured when sliding down an evacuation slide which was deployed after smoke was observed in the aircraft after landing.
Despite the fact that the Court applied the Warsaw Convention to the flight, the compensation to Plaintiff was not limited according to the provisions of the Convention.
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Limitation period for liability insurance claim |
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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.
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A Delayed Flight - Cause For Mental Anguish Award |
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Adv. Peggy Sharon and Adv. Keren Marco
On 16th December 2010 the Magistrates Court of Rishon Le-Zion handed down a judgement in C.F. 955/08 Sharlit and Others v. The Flying Carpet and Others - eight claims filed by passengers as a result of a delay of approximately 17 hours in a flight from Israel to Turkey. The Court reached the conclusion that the air carrier did not take all measures to avoid the damage, and hence found it liable.
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Insurance Portfolio Transfers |
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by Adv. Rachel Levitan and Adv. Yael Navon
Insurance Portfolio Transfers - answers to frequently asked questions.
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Who is the Carrier’s agent? |
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Adv. Moshe Abady and Adv. Keren Marco
In a judgement handed down on 28th June 2010 by the Magistrates Court of Tel Aviv, C.F 19308-01 Taga Electronic Components Ltd. vs. Worldwide DHL Express and Others, the Court analyzed the applicability of the Warsaw Convention to a carrier's agent. The Court examined whether the Convention applies to the forwarder of the shipments and to the entity which stored the shipment at the airport.
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