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Is the Reinsurer entitled to decline a Reinsurance Claim, due to lapse of Limitation Period of the Original Insured’s Claim? – Not Necessarily

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

By |January 20th, 2020|Categories: Aviation - Insurance|Tags: |

POLICY – Declination letter, Statement of Defence and What Lies in Between

By |January 1st, 2020|Categories: Aviation - Insurance|Tags: |

Declination letter, Statement of Defence and What Lies in Between

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

By |January 1st, 2020|Categories: Aviation - Insurance|Tags: |

A Subrogation Claim by a Foreign Insurer – Two Contradictory Decisions of the District Courts

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

By |January 1st, 2020|Categories: Aviation - Insurance|Tags: |

Class & Group Actions 2020

By |November 26th, 2019|Categories: Aviation - Insurance|Tags: |

The Relationship between the Injured, the Tortfeasor and the National Insurance Institute (hereinafter: NII)

C.A. 27688/11/14 National Insurance Institute v the City of Tel Aviv, Jaffa et al. Liat Rotman .Adv Preamble: An employee in Israel is automatically insured for work accidents by the National Insurance Institute (hereinafter: the NII) which is a government institution. The said insurance is a compulsory insurance. The premium is paid by

September 8th, 2019|Categories: Aviation - Insurance|Tags: |

Insurance, Diamonds and Fraud: Supreme Court declined Insured’s appeal on fraudulent Jewelers Block Claim

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)

By |August 4th, 2019|Categories: Aviation - Insurance, Class Actions|Tags: |

A Partial Settlement Agreement precludes the unsettling Defendant from Sending a Third Party Notice to the Settling Defendants

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:

By |August 4th, 2019|Categories: Aviation - Insurance|Tags: |

Lexology GTDT – Insurance & Reinsurance – Exclusive Contributor Israel

Insurance & Reinsurance - Click here to read the article  

By |July 25th, 2019|Categories: Aviation - Insurance|Tags: |

The Israel Court has Jurisdiction over a recovery claim filed by an Israeli Insurer against a Foreign Reinsurer

Adv. Aviv Klepner C.C. (Tel Aviv) 23416-03-18 The Phoenix Insurance Company Ltd. v. Infrassure Ltd.   The Tel Aviv District Court acknowledged jurisdiction over a claim filed by an Israeli Insurer against a Foreign Reinsurer who refused to participate in a settlement agreed by all other Reinsurers. The Court ordered service of the Statement of

April 15th, 2019|Categories: Aviation - Insurance|Tags: |

The Israeli Compensation System of Bodily Injuries caused as a result of Road Accidents

General: Israel has established a “No Fault System” in road accidents compensation following the enactment of Israel Road Accident Victims Compensation Law 1975 (hereinafter: The Law). According to the Law, a person injured in a motor vehicle road accident is entitled to compensation regardless the question of fault i.e. there is no need to prove

By |March 10th, 2019|Categories: Aviation - Insurance|Tags: |

When are technical malfunctions considered special circumstances?

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

By |February 28th, 2019|Categories: Aviation - Insurance|Tags: |

New Draft Circular by the Supervisor of the Capital Market, Insurance and Savings (the Supervisor)

On 20th January 2019 the Supervisor published a draft circular regarding transfer of funds by Israeli Insurers to Non-Israeli Reinsurers (hereinafter: New Draft Circular). History: Until 2012, the Control over Financial Services Regulations (ways of investing capital and undertakings of Insurers and management of its liabilities) (hereinafter: the Regulation) stipulated in Clause 25 how much

By |January 27th, 2019|Categories: Aviation - Insurance|Tags: |

Where the Damage occurred in Israel by a Product manufactured abroad

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

By |January 20th, 2019|Categories: Aviation - Insurance|Tags: |

Is the Insurer Exempt from Liability for a Car Accident towards a Third Party, where the Insured was Drunk?

On 15th October 2018, the Israeli Supreme Court dismissed the appeal of the Hachshara Insurance Company (hereinafter: “Hachshara” and/or “the Insurer”) and declined its allegation that it should be exempt from liability towards a third party when the Insured drove the vehicle under the influence of alcohol (Leave to Appeal 2843/18, Hachshara v. Israel Polikov

By |January 6th, 2019|Categories: Aviation - Insurance|Tags: |

Denial of a Liquidator’s claim based on a Claims Made Policy that was acquired 20 years ago

Adv. Nitzan Shmueli, liquidator of Shem Tov Ltd. (in liquidation) (hereinafter: the Company) v. Menorah Insurance Co. Ltd (hereinafter: Menorah). In July 2018, the District Court of Jerusalem dismissed a Liquidator Claim against Menorah, based on a Claims Made Policy that was issued 20 years ago and expired 16 years ago. Background: The Liquidator of

By |November 19th, 2018|Categories: Aviation - Insurance|Tags: |

Liquidators/Special Managers Claim Against D&O Insurers

In 1991 an amendment to the Israeli Companies Act was enacted, which allowed companies to insure their D&Os. In 1993 less than 15 claims were notified to Insurers under the D&Os' liability policies. In 2017 there were about 520 D&O claims in Israel notified under D&O policies, out of which app. 5% were liquidators/ special

By |November 7th, 2018|Categories: D&O|Tags: |

The Duty to Notify a Cyber Breach in Israel

The connection between the legal duty to report a cyber-breach and the exposure to liability claims arising from a cyber-attack has already become common knowledge. In the past year, several developments occurred in the Israeli law increasing the duty to notify a cyber-breach, and thus the exposure to liability claims.   Until May 2018, the

By |November 7th, 2018|Categories: D&O|Tags: |

How will a Fraudulent Claim by the Insured affect the Third Party’s Right for Insurance Benefits?

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

By |August 6th, 2018|Categories: Aviation - Insurance|Tags: |

High Rise Buildings – Need For Mandatory Insurance

May 22nd, 2018|Categories: Aviation - Insurance|Tags: |