Declination letter, Statement of Defence and What Lies in Between
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Articles
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
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 the employer.
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)
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:
Lexology GTDT – Insurance & Reinsurance – Exclusive Contributor Israel
Insurance & Reinsurance – Click here to read the article Download file
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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
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
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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
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