The COVID-19 pandemic caused businesses and individuals the inability to fulfil contractual obligations, led to a partial performance of the contract or delay thereof etc. Most commercial contracts include Force Majeure clauses which allocate the of risk of events that may suspend or excuse contractual non-performance.[1] Being the creation of the parties, every clause will
1. As you may recall, the Supreme Court approved in November 2017, the District Court's decision in the matter of VIG VIENNA Insurance Group v. The Drainage Authority, (C.A. 8044/15) that a foreign insurer which is not licensed under the provisions of the Supervision Law, is not entitled to file a subrogation claim in Israel.
C.C. 23416-03-18 The Phoenix vs. Infrassure Ltd. (Tel Aviv District Court) Preamble: The limitation period for an insurance claim of Insured vs. Insurer is three years from the date of the Insured event in property, and in liability Insurance the three years period will start to run from the date of the claim of the
In a recent decision handed down by the Supreme Court, the boundary between maintaining the Commissioner’s directives to include "full grounds and reasons for dismissing the claim” in a letter of declination, and the right of Insurers to provide additional details in the Statement of Defence was outlined, as the Supreme Court accepted Insurers’ position
Recent conflicting decisions were given, one by the Haifa District Court and the other by the Tel Aviv District Court, on the question whether a foreign Insurer is entitled to file a subrogation claim through its Insured after paying the Insured insurance benefits. In these two instances the alleged tortfeasor requested from the Court to
On July 28th 2019, the Supreme Court of Israel (Justices N. Hendel, M. Mazuz, A. Baron) declined an appeal filed by Eran Polack and several companies controlled by him against Insurers: Allianz Versicherungs, Menorah Mivtachim Insurance Company and HDI-Gerling Industrie Versicherungs. Insurers were represented by Levitan, Sharon & Co. (P. Sharon, S. Shefer, K. Barel)
Introduction: A Settlement Agreement was concluded between Plaintiffs and several Defendants who were parties to the claim, which included an allocation of liability, as well as of the amount of the damages. As a result, the Claim against the settling defendants was dismissed. The State, which was also a Co-Defendant in the Claim (hereinafter:
Introduction: In a recent judgement handed down by the Beit Shean Small Claims Court, the Court declined a claim for compensation as a result of flight cancellation under the Aviation Services Law (Compensation and Assistance due to cancellation of flight or change in its condition) – 2012, due to a technical malfunction[1]. The Facts: Plaintiff
The Manufacturer may be Summoned to Legal Proceedings in Israel The Global World of Commerce which enables orders through the Internet creates a situation where the manufacturer of the product does not always know the destination of his product. In addition, a machine that was originally purchased by a plant in Arizona, may find its
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.
