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Fire did not break out as a result of a Gas Explosion – Dismissal of claim against the Gas Supplier

Sharon Shefer, Adv.    Sigal Avshalom, Adv. Levitan, Sharon & Co. CC 6356-03-14 Yossef  Levi  v. Pazgas Ltd. and Phoenix Insurance Co (26.11.20) On 26 November 2020, the Central District Court (Judge Hadas Ovadia) dismissed a Claim filed by Mr. Yossef Levi (hereinafter: Plaintiff) against Pazgas Ltd. and its Insurer, Phoenix Insurance Company. Ltd. (hereinafter: Defendants),

By |February 10th, 2021|Categories: Legislation|Tags: , |

The New Procedure Regulations

https://www.israelinsurancelaw.com/wp-content/uploads/2021/01/policy_561gok80.pdf

By |January 18th, 2021|Categories: Legislation|Tags: , , , |

The Supreme Court determined: Electric bicycles are not a motor vehicle

  The controversy over the issue of whether electric bicycles are motor vehicles and hence would be subject to the Law of Compensation to Victims 1975 (hereinafter: the Road Accident Law) of road accidents has come this week to an end by the Supreme Court which decided by a majority opinion of two Judges, Yitzhak

December 16th, 2020|Categories: Insurance Law|Tags: |

The Legal 500 Country Comparative Guides – Israel: Insurance & Reinsurance

The Legal 500 Country Comparative Guides - Israel Insurance & Reinsurance

December 16th, 2020|Categories: Insurance Law|Tags: |

Non Performance in COVID-19 Time : Force Majeure, Frustration of Contracts and Insurance

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

By |December 1st, 2020|Categories: Insurance Law|Tags: |

The Foreign Insurer’s Right of Subrogation – Time for Revision? – opinion

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.

By |November 29th, 2020|Categories: Insurance Law|Tags: |

Covid-19 update – Insurance impact in various countries

Covid-19 update – Insurance impact in various countries list: AIDA COVID-19 - Country Review Update

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: Insurance Law|Tags: |

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: Insurance Law|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: Insurance Law|Tags: |

Class & Group Actions 2020

By |November 26th, 2019|Categories: Class Actions|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: Tort Laws|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: Jewelers|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: Tort Laws|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: |