Peggy Sharon, Adv. & Alon Katz, Adv. Introduction: Prior the Insurance Contract Law (1981) (also: "the law") failure to take protective measures could lead to a complete loss of benefits. Since then, most court rulings have applied Article 21 of the law, which provides that if the insured fails to take measures for mitigation of
Israel published a new directive draft designed to ensure quick and fair claim settlements of long term care insurances Tammy Greenberg, Adv. & Guy Shmueli During the last few years the Israeli media published many stories of Insureds who purchased Long Term Care policies and who became involved in a lengthy and complex process when trying
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 stating that groundwater
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
A fine line differentiates between act or omission of a torfeasor which could be covered by Professional Indemnify Policy and act or omission that could be covered by Public Liability Policy. For example, if a pedestrian falls due to a broken pavement – is the Municipality where the pavement is situated covered by its
Hadas Adler, Adv. C.C 3168/09 The Third Step Ltd. v. the Israel Phoenix Insurance Co. Ltd General Background Plaintiff is a company engaged in the business of import and marketing of women's footwear. In December 2006 a fire broke out in Plaintiff's rented storeroom and totally destroyed it and its contents. The storeroom was insured
by Guy Shmueli During the last few years the Israeli media published many stories of Insureds who purchased Long Term Care policies and who became involved in a lengthy and complex process when trying to exercise their rights to obtain said insurance benefits. The issue raised awareness when during a recent meeting of the Israeli
Adv. Moshe Abady, Adv. Yael Navon and Adv. Adi Margalit D&O Liability Team; December 2017 What is the most significant change in D&O Litigation in Israel in the last few years? The increase in the number of motions filed with the Court requesting to certify the filing of Derivative Actions against D&Os. Whereas between the years
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
The Insured's Disclosure Duty v.The Insurer's Obligation to Conduct Independent Investigations. Dror Zamir, Adv. & Hadas Adler, Adv. C.C 24088-08-13 Leibowits and Others v. Apolo Investments Ltd. and Others In one of her last Judgments before her retirement, Judge Denia Keret-Meir from the Tel Aviv Economic District Court handed down a comprehensive and significant
Adv. Peggy Sharon, Adv. Sharon Shefer and Adv. Karin Barel October 2017 On 25th September 2017, the Central District Court (Judge Kinar) declined a Claim filed by Plaintiffs: Eran Polack (hereinafter: Polack) and several companies controlled by Polack against Insurers: Menorah Mivtachim Insurance Company, after Menorah, represented by Levitan, Sharon (P. Sharon, S. Shefer, K.
A fine line differentiates between act or omission of a torfeasor which could be covered by Professional Indemnify Policy and act or omission that could be covered by Public Liability Policy. For example, if a pedestrian falls due to a broken pavement – is the Municipality where the pavement is situated covered by its PI
Chapter One: Provisions for All Classes of Insurance Article One: Insurance Contract 1. An insurance contract is a contract between an Insurer and an Insured which obligates the Insurer, in consideration of insurance premium, to pay insurance benefits to the beneficiary upon the occurrence of the event Insured against. What is an Insurance contract?
In a Supreme Court decision handed down on 15th September 2013[1] which serves as a precedent, judges ruled on one of the most repeated disputes which the lower Courts have dealt with in the past few years, i.e. whether the Insurer can avoid liability in the event the Insured overlooks a condition to apply security
