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FAILURE TO COMPLY WITH MEASURES TO REDUCE THE RISK, WILL INSURERS BE EXEMPT FROM LIABILITY?

In a Supreme Court decision handed down on 15th September 2013[1] which serves as a precedent, judges ruled on one of the most repeated disputes which the lower Courts have dealt with in the past few years, i.e. whether the Insurer can avoid liability in the event the Insured overlooks a condition to apply security

By |August 6th, 2016|Categories: Jewelers|Tags: |

Special Risks Jeweler’s Block Insurance The Shiny & Glitzy Insurance Special focus: Israel

Despite the recent economic difficulties – and perhaps because of these difficulties – the theme of the song “Diamonds are Forever” is as true today as it was in the past. The diamonds and precious stones industry is located in a few centers in the world and Israel is a very important one. Although cutting

By |August 6th, 2016|Categories: Jewelers|Tags: |

The Effect of a Foreign (US) Judgement on a Claim in Israel

What is the effect of a settlement agreement in a Class Action which was approved by the Court in California, U.S.A. on a Class Action which was filed in Israel by an Israeli claimant against the same defendant, based on the same cause of action? The Israel Supreme Court dealt in April 2015 with this

By |August 6th, 2016|Categories: Execution|Tags: |

Proper Timing for Filing an Appeal on a Court Judgement

Approving the Filing of a Class Action and Implications on D&O Insurance   Introduction: A recent Supreme Court judgement handed down on 6 May 2010 (C.M. 8761/09 Fatal v. Cellcom), may have a dramatic effect on Class Action suits filed in Israel and as a result, on liability policies such as a D&O liability policy, which

By |August 6th, 2016|Categories: D&O|Tags: |

PRIOR KNOWLEDGE AND COVERAGE FOR DEFENCE COSTS UNDER D&O LIABILITY INSURANCE

Background Very rarely do Israeli Courts address the interpretation of D&O Liability Insurance policies. Almost all insurance claims against D&O insurers are settled out of Court and therefore, there are very few Court judgements which refer to such policies. One of these judgements is C.A. (Haifa) 4600/07 Kenge Mansur v. Sahar Zion Insurance Co. Ltd.

By |August 6th, 2016|Categories: D&O|Tags: |

THE FILING OF A THIRD PARTY NOTICE IN CLASS ACTIONS

A recent Supreme Court judgement handed down in the framework of MCA 5635113 (Coral-Tel v. Avihu Raz and three others) had put an end to an ongoing discussion in Israeli Courts concerning the possibility of filing Third Party Notices in Class Action claims. This judgement has a significant influence on the handling of the defence

By |August 6th, 2016|Categories: D&O|Tags: |

THE INSURED’S OBLIGATION TO PAY THE DEDUCTIBLE

The question which was recently raised in the Haifa Magistrates Court in the case of CC 6365-08-15 Harel Insurance Co. v. Magid  was:  Whether the Insured is obliged to pay the deductible according to the Policy, even if the claim filed against him was declined?   Background The Defendant (hereinafter: the Insured), was insured by

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

The Status of Insurance Policy Confirmation

The Israeli non-life Insurance Market uses an additional document to the Insurance Policy issued to the Insured. This document is called Insurance Policy Confirmation (hereinafter: I.P.C.) which is issued at the request of the Insured. The I.P.C. is usually requested by Third Parties which enter into commercial contract with the Insured. For instance: a landowner

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Limitation Period in Insurance Claims

Recent judgment relating to an insurance claim which denied Plaintiff's arguments regarding an extension of the time frame for filing an insurance claim  A recent Magistrate Court decision rejecting Plaintiff's Claim which was filed after the Limitation Period prescribed by the Insurance Contract Law-1981 (hereinafter: the Insurance Contract Law) was handed down in C.C. 3737-04-14

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Is an explosion caused by an explosive device attached to a vehicle an accident as stated in the Road Accident Victims Compensation Law – 1975?

On the 12th January 2016 a judgment was handed down by the Israeli Supreme Court in the matter of 8238/14 Jalal Mruh Cilawee Vs Shirbit Insurance Ltd. The judgment determined that an explosive device which explodes following attachment to a vehicle does not constitute an accident as defined in the Road Accident Victims Compensation Law

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Draft Guidelines Published by the Commissioner of Insurance – Claims Handling

During the past few years, the Israeli Commissioner of Insurance published a long list of guidelines which dictated insurers’ conduct – both during the underwriting process (including guidelines for the drafting of an insurance programme) and during the claims handling process. On 28 March 2011, the Commissioner published detailed guidelines determining the documents which are

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Application of Article 25 of the Warsaw Convention to Gross Negligence

According to Clause 62 of the Insurance Contract Law, 1981 (hereinafter: the Insurance Law), once the Insurer compensated the Insured, it is entitled to an independent right of subrogation against the tortfeasor. A question arises – does the right of the Insurer to subrogate still exist in a situation where the Insured claimed the full

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Application of Article 25 of the Warsaw Convention to Gross Negligence

Introduction The Magistrates Court of Acre applied Article 25 of the Warsaw Convention[1] and determined that a claim was not subject to the limitation of indemnity provided by Article 22 of the Convention.   The Facts On 31st July 2009, while returning from Toronto to Israel on an EL AL flight, during the security check-in

By |August 6th, 2016|Categories: Aviation - Insurance|Tags: |

Proper Timing for Filing an Appeal on a Court Judgement

Approving the Filing of a Class Action and Implications on D&O Insurance Introduction: A recent Supreme Court judgement handed down on 6 May 2010 (C.M. 8761/09 Fatal v. Cellcom), may have a dramatic effect on Class Action suits filed in Israel and as a result, on liability policies such as a D&O liability policy, which

By |August 6th, 2016|Categories: Class Actions|Tags: |

THE FILING OF A THIRD PARTY NOTICE IN CLASS ACTIONS

A recent Supreme Court judgement handed down in the framework of MCA 5635113 (Coral-Tel v. Avihu Raz and three others) had put an end to an ongoing discussion in Israeli Courts concerning the possibility of filing Third Party Notices in Class Action claims. This judgement has a significant influence on the handling of the defence

By |August 6th, 2016|Categories: Class Actions|Tags: |

Approval of a Class Action in an Environmental Claim

Background In 2006, Israel enacted a Class Action Law. The Law sets forth uniform rules regarding submission and management of such actions The guidelines provided by the Law were designed to: Guarantee the right of access to court for all segments of the population, especially for those individuals or groups who would normally have difficulty

By |July 30th, 2016|Categories: Class Actions|Tags: |