Agricultural claims

A team headed by Adv. Em-Lee Polakiewicz handles a variety of claims which relate to products used in agriculture.

The team represents companies which either manufacture or distribute Pesticides and/or Insecticides which are sued due to alleged damages that the use of the above stated product caused.

The team also represents companies which spray similar products whether from the air or otherwise.

Aviation

The Aviation Department is headed by Adv. Moshe Abady and Adv. Keren Marco.

The Department represents several Insurers who insure aircrafts both for their hull coverage and general aviation (3rd party). The Department has handled many of the aviation accidents that took place in Israel, as well as disputes involving the Warsaw and Montreal Convention.

In addition a team of the department handles cargo claims, aviation product liability claims as well as subrogation.

Adv. Keren Marco’s team also represents various foreign airlines in relation to consumer rights including class actions filed in Israel against these airlines.

Bodily Injury Claims

A team headed by Adv. Dror Zamir handles bodily injury cases.

A special Israeli law deals with motor vehicle bodily injury which is different from other types of bodily injury claims. The vast understanding of the team in all types of bodily injury claims assists many foreign Insurers who insure tourists who were injured during their trip to Israel.

In addition, the team often issues legal opinions, which assist Rent A Car companies whose Israeli customers were injured abroad.

Members of the team often lecture about bodily injury claims in Israel, and abroad.

Class Action Claims

The firm’s Class Action Litigation Department is headed by Adv. Tammy Greenberg. The department includes two teams: (a) Monitoring of Product Liability Class Action claims which are covered by Insurance Policies. The team is supervised by Adv. Em-Lee Polakiewicz (b) Defence Litigation of class actions in two specific areas – Pharmaceutical Class Actions i.e. claims filed by way of class action against pharmaceutical companies, and Class actions against insurance companies. At least once a month a Class Action claim is filed against local Insurers, regarding alleged faults in their activities.

The team usually represents 3-4 Insurers who are claimed in the claims, and thus it is able to offer lower prices for its services.

Adv. Tammy Greenberg constantly lectures in various legal conferences in Israel and abroad regarding class actions.

Contractor All Risks

The team headed by Adv. Hadas Adler has gained a reputation as experts in C.A.R. policy disputes. C.A.R. policies usually include various sectors which cover all aspects of the construction.

The team is part of the Litigation team headed by Adv. Dror Zamir.

Adv. Hadas Adler lectures on Companies Law in one of the Colleges in Israel.

Credit Insurance

A team headed by Adv. Sharon Shefer together with Adv. Rachel Levitan, is constantly advising foreign Insurers and Reinsurers who wish to be involved in credit insurance to local Insureds. The advice relates also to the foreign direct Insurers, who intend to issue such a policy to an Israeli Insured without having a presence in Israel.

Directors & Officers Insurance Liability

A large team of the firm is involved in D&O claims, and coverage issues.

The team is headed by Adv. Moshe Abady who has 15 years of experience in the D&O insurance area.

The team is involved in various aspects of D&O Liability claims, as monitoring counsels, as coverage counsels and in specific cases when coverage is denied, as defence attorneys for Insurers.

In a recent case the team was able to defend its declination decision, when a claim was filed several years after the Policy expired.

Members of the team, who also include Adv. Addy Margalit and Adv. Yael Navon, often lecture in Israel and abroad on D&O issues.

Environmental Issues and Gas Explosions

Adv. Sharon Shefer heads the complex litigation which takes place following incidents that cause massive environmental problems, as well as litigation which is followed after a gas explosion has demolished several houses/apartments.

In recent years there were two incidents whereby petrol leakage into a nature reserve brought about Class Actions against the Company, alleging that the Company which is responsible for the spillage should pay the damages caused to the environment.

In these cases the team is involved mainly in coverage issues and monitoring the defence of the Insured.

In the area of gas explosions, Adv. Shefer has become a well-known expert in handling claims of Insureds, following a gas explosion which destroyed their house.   In most cases an extraordinary solution is sought in order to enable the Insured to reconstruct their home as soon as possible even in cases where not all the tenants were insured or when the insurance limits were not sufficient to carry out full reconstruction.

Financial Lines: B.B.B & Commercial Fidelity

The firm has two teams which are involved in Fidelity claims.

Adv. Dror Zamir’s team handles Commercial Fidelity claims on behalf of Insurers.

In two recent cases Adv. Zamir’s team managed to recover from the infidelious employee most of the funds stolen.

The team was recently involved in two international fraud scams where the crooks managed to steal millions of dollars from banks outside of Israel and escaped to Israel.

Another team is led by Adv. Addy Margalit and Adv. Tammy Greenberg who deal on behalf of Insurers in Bankers Blanket Bond cases which include Fidelity and negligence claims. In recent claims the teams were involved in an alleged negligence claim of employees of an Israeli credit card company which brought about substantial losses to the bank which owned the company.

In addition Addy’s team was recently involved in alleged employee negligence involving trading in securities.

The experience of both teams gained throughout the years in fidelity and negligence claims in financial institutions, enables them to bring about satisfactory results to their clients.

General Information

How to do Insurance and Reinsurance Business in Israel.

Adv. Rachel Levitan the founder of the firm supervises a team who frequently answers questionnaires drafted by Reinsurers and foreign Insurers about how to do Insurance and Reinsurance business in Israel.

According to Israeli Law, marketing insurance products in Israel necessitates a license, however selling insurance products to an Israeli Insured who approaches a foreign Insurer is allowed.

This situation arouses tremendous interest in the Non-Israeli insurance Markets, who wish to operate in Israel without opening an Israeli insurance company.

In addition to foreign Insurers, the Israeli market also creates opportunities for the Global Brokers Community, who is looking for answers, how and what they can do in Israel.

Jewelers Block Insurance Claims

The J.B. team is headed by Adv. Sharon Shefer and Adv. Karin Bar-El, who handle the Diamonds Jewelers Block and transit claims.

In a recent alleged 10 million Dollar claim, which was filed against Insurers to the Court in Israel, Adv. Shefer succeeded in proving that the claim was fraudulent, causing a dismissive decision of the Court.

Many cases, in which the team is involved in, have international aspects. In several cases certain aspects of the claims were tried in different Courts around the world which necessitates a vast knowledge in different aspects of the laws around the world.

The team is also involved in issuing coverage opinions and assisting in drafting special policies.

Litigation

A special department in the firm handles complex litigations on behalf of Insurers. In certain cases the litigation team headed by Adv. Peggy Sharon represents Insurers after their decision to decline liability. In other cases (mainly in Professional Liability cases), the team is requested to represent the Insured in Court.

The activities of the team include acting as defence attorneys in Court, or in Arbitration or in an alternative dispute resolution activity such as Mediation.

In the current legal atmosphere in Israel, the cases are referred to mediation as a first alternative. Only in the event mediation fails, the case goes to Arbitration or returns to Court.

Product Liability

A team headed by Adv. Peggy Sharon and Adv. Aviv Klepner handles product liability claims filed against manufactures in Israel.

The team has vast experience in the Israeli Law for Defective Products 1980 which deals with bodily injury caused by defective products.

The team represents Insurers and their Insureds who are manufacturers or distributors, in defence of claims regarding bodily injury caused as a result of a defective product.

Professional Liability

The firm’s Professional Liability team is headed by Adv. Dror Zamir. The team is divided into two departments:

(a) Monitoring Department headed by Hadas Adler, who renders monitoring services on behalf of Insurers in cases of Professional Liability claims, mainly against Attorneys, Accountants and Engineers.

(b) Litigation Department headed by Zamir, who is appointed by Insurers to act as defence attorney on behalf of the Insureds, such as Attorneys, Accountants and Investment Consultants.

As part of its litigation activities, the members of the team are involved in mediation, arbitration and court trials.

The team has won several important cases in the Israeli Courts.

Adv. Zamir often lectures to members of the Israeli Bar and Israeli Insurance companies regarding Professional Liability cases.

Professional Liability Insurance of the Hi Tech Industry

A team headed by Adv. Addy Margalit has developed special expertise in various insurance products connected to the Hi Tech Industry.

Professional Liability of Venture Capital Fund (V.C. Protection).

Professional Liability of I.T Developers.

Professional Liability of Investment Companies.

Multimedia Insurance.

The relatively new area of these professional liability products necessitates a special knowledge in the legal side of the Hi Tech Industry as well as a substantial understanding of the Insurance Industry.

Property Damages and Business Interruption

Both Adv. Peggy Sharon’s litigation team and Adv. Dror Zamir’s team are involved in litigation on behalf of Insurers of substantial property damage and business interruption cases.

The teams use several experts such as, accountants, civil engineers, etc. in order to achieve a favourable result for Insurers. In recent years the team is involved in most substantial property damages insurance cases in Israel

Regulatory

The firm’s Regulatory Department is headed by Adv. Tammy Greenberg, who often advises local and foreign Insurers regarding Regulatory topics. The department recently assisted new Israeli Insurance Companies which started to operate in 2018 in its negotiation with the Commissioner of Insurance.

The department developed special expertise in drafting insurance policies, and negotiating its approval with the Commissioner of Insurance Department.

The team also deals with disputes between Insurers and the Regulator.

Reinsurance

The head of the Reinsurance Department in the firm is Adv. Keren Marco. The Department advises several local Insurers in their reinsurance of Long-Term Saving Products such as life, health, and nursing, as well as in Non-Life Reinsurance. The members of the team work hand in hand with the Regulatory Department headed by Adv. Tammy Greenberg, issues opinions regarding adaptation of reinsurance contracts, treaties or facultative to the changing demands of the regulators. The team also reviews reinsurance contract wording, and assisting the Insurers in case of disputes with their Reinsurers. The team also has vast experience in financial reinsurance. Adv. Rachel Levitan, the founder of the firm acts as a consultant to the Reinsurance Department.

Subrogation

The firm’s Subrogation Team is headed by Adv. Oded Cederboim.  The team represents Insurers (local and foreign) in subrogation claims against other Insurers and tortfeasors.

According to the Israeli Insurance Contract Law 1981, when a certain object or liability is insured by two Insurers, they should allocate their liability in proportion to the limits of liability in the issued policies. Hence, the subrogation team deals also with claims of one Insurer against another based on the double insurance principle.

The team charges its clients on no cure no pay system i.e. percentage from the actual amount recovered.

T.P.A. – Third Party Administration

A separate company, Levitan, Sharon & Co. (Claims Handling) acts as T.P.A for Insureds and Insurers for claims which are within the 3rd party and employers’ liability policies deductibles.

The services are paid for by the Insureds, based on the number of claims handled.

The services are rendered only if there is a three party agreement between the Insured and the Insurer whereby the Insurer agrees that a notification to the T.P.A. is considered as a notification to the Insurer. The T.P.A. is currently handling claims of the Tel-Aviv and Haifa Municipalities, the Israeli Electric Co., oil refineries, several food chains and others.

The T.P.A. has over 15 employees, all under the supervision of Adv. Rachel Levitan.

Warranties & Indemnity & Cyber Insurance

A team headed by Adv. Yael Navon has developed special expertise in these two relatively new insurance products. In the Warranties & Indemnity, Adv. Navon’s claim was involved in several M&A transactions which did not develop as expected.

None of the said cases were tested in Israeli Courts.

In the Cyber area, Adv. Navon’s team encountered several cyber claims, mostly against law firms which were extorted by outside hackers.

In addition, the team recently advised regarding a hacking event which involved one of the commercial companies in Israel.

The firm was also chosen by a Leading International Law firm to act on its behalf as a “first response” in case of a Cyber event in Israel.

The firm is registered in the Legal 500 Europe, Middle East, Africa, and Who’s Who Legal, Dun & Bradstreet and publishes periodic updates on Israeli Law in various publications such as I.L.O.