Is a Flooding of Groundwater a Foreseen Event in a Construction Policy?
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...
View ArticleWhat is considered “accident” under the Convention?
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...
View ArticleInterpretation of “Cancelled Flight” according to the Aviation Services Law
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”...
View ArticleNON-ADMITTED INSURER
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...
View ArticleIs a Flooding of Groundwater a Foreseen Event in a Construction Policy?
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...
View ArticleFailure by Insured to Implement Measures for Mitigation of Risk – Dismissal...
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...
View ArticleHow will a Fraudulent Claim by the Insured affect the Third Party’s Right for...
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...
View ArticleWhere 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...
View ArticleWhen 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...
View ArticleA Partial Settlement Agreement precludes the unsettling Defendant from...
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...
View ArticleInsurance, Diamonds and Fraud: Supreme Court declined Insured’s appeal on...
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...
View ArticleA Subrogation Claim by a Foreign Insurer – Two Contradictory Decisions of the...
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...
View ArticleDeclination 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...
View ArticleIs the Reinsurer entitled to decline a Reinsurance Claim, due to lapse of...
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...
View ArticleClass & Group Actions 2020
The post Class & Group Actions 2020 appeared first on Levitan, Sharon & Co. - The Leading Firm in Insurance Law משרד לויתן שרון ושות.
View ArticleThe 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...
View ArticleNon Performance in COVID-19 Time : Force Majeure, Frustration of Contracts...
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...
View ArticleThe New Procedure Regulations
https://www.israelinsurancelaw.com/wp-content/uploads/2021/01/policy_561gok80.pdf The post The New Procedure Regulations appeared first on Levitan, Sharon & Co. - The Leading Firm in Insurance Law...
View ArticleThe first Post Covid-19 Conference of Levitan, Sharon & Co: Mass Torts,...
A new approach to Mass Torts may require changes in PI policies, as the ordinary policies for professionals involved in mass gatherings are not sufficient to grant the insureds the necessary...
View ArticleInterpretation of the Commissioner of Insurance Circular– by the Commissioner...
Additional Hearing of Civil Appeal 4960/18 Zeligman and others v. the Phoenix and others (4-7-2021) In a class action submitted against 5 insurance companies, the claimants argued that the companies...
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