In RCA 1219/18 Shay Peretz v. (1) Shlomo Insurance Company (2) Ron Zohar (18 June 2018), the Supreme Court dealt with the issue of whether Article 25 of the Insurance Contract Law, 1981 which discharges the Insurer in case the Insured or the beneficiary submitted a fraudulent claim, applies also to the third party's direct
Peggy Sharon, Adv. & Alon Katz, Adv. Introduction: Prior the Insurance Contract Law (1981) (also: "the law") failure to take protective measures could lead to a complete loss of benefits. Since then, most court rulings have applied Article 21 of the law, which provides that if the insured fails to take measures for mitigation of
C.A 8776/15 Ayalon Insurance Company Ltd v. Malibu Construction Company (December 2017). Background In 2006, the Malibu Construction Company (hereinafter - "the contractor") won a tender for the construction of an underground passage under the railway tracks in Akko. Attached to the tender there was a professional opinion of a soil engineer stating that groundwater
SUBROGATION CLAIM ONLY IN THE NAME OF THE INSURED Peggy Sharon, Adv. On 23 January 2017 the Supreme Court dealt with the question of whether a non-admitted insurer is entitled to file a subrogation claim in Israel in its own name and answered the question in the negative (C.A. 8044/15). The Court upheld the
Adv. Peggy Sharon Adv. Keren Marco Introduction: The Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 (ASL), defines a "cancelled flight" as: “Any one of the following, however, a change to the flight number will not be deemed to be a flight which has been cancelled: A flight which
Adv. Peggy Sharon and Adv. Keren Marco Introduction In February 2017, the Tel Aviv Magistrates Court declined a passengers' monetary claim for bodily injury damages after it reached the conclusion that the occurrence which was the subject matter of the clam is not considered as “accident” as required by the Convention.[1] The Claim Plaintiff, a
Peggy Sharon, Adv. C.A 8776/15 Ayalon Insurance Company Ltd v. Malibu Construction Company (December 2017). Background In 2006, the Malibu Construction Company (hereinafter - "the contractor") won a tender for the construction of an underground passage under the railway tracks in Akko. Attached to the tender there was a professional opinion of a soil engineer
Adv. Peggy Sharon, Adv. Sharon Shefer and Adv. Karin Barel October 2017 On 25th September 2017, the Central District Court (Judge Kinar) declined a Claim filed by Plaintiffs: Eran Polack (hereinafter: Polack) and several companies controlled by Polack against Insurers: Menorah Mivtachim Insurance Company, after Menorah, represented by Levitan, Sharon (P. Sharon, S. Shefer, K.
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
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
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
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
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
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
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
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
