Peggy Sharon

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

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

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