Application of Article 25 of the Warsaw Convention to Gross Negligence
Introduction The Magistrates Court of Acre applied Article 25 of the Warsaw Convention[1] and determined that a claim was not subject to the limitation of indemnity provided by Article 22 of the...
View ArticleApplication of Article 25 of the Warsaw Convention to Gross Negligence
According to Clause 62 of the Insurance Contract Law, 1981 (hereinafter: the Insurance Law), once the Insurer compensated the Insured, it is entitled to an independent right of subrogation against the...
View ArticleDraft Guidelines Published by the Commissioner of Insurance – Claims Handling
During the past few years, the Israeli Commissioner of Insurance published a long list of guidelines which dictated insurers’ conduct – both during the underwriting process (including guidelines for...
View ArticleIs an explosion caused by an explosive device attached to a vehicle an...
On the 12th January 2016 a judgment was handed down by the Israeli Supreme Court in the matter of 8238/14 Jalal Mruh Cilawee Vs Shirbit Insurance Ltd. The judgment determined that an explosive device...
View ArticleLimitation Period in Insurance Claims
Recent judgment relating to an insurance claim which denied Plaintiff’s arguments regarding an extension of the time frame for filing an insurance claim A recent Magistrate Court decision rejecting...
View ArticleThe Status of Insurance Policy Confirmation
The Israeli non-life Insurance Market uses an additional document to the Insurance Policy issued to the Insured. This document is called Insurance Policy Confirmation (hereinafter: I.P.C.) which is...
View ArticleTHE INSURED’S OBLIGATION TO PAY THE DEDUCTIBLE
The question which was recently raised in the Haifa Magistrates Court in the case of CC 6365-08-15 Harel Insurance Co. v. Magid was: Whether the Insured is obliged to pay the deductible according to...
View ArticleThe Effect of a Foreign (US) Judgement on a Claim in Israel
What is the effect of a settlement agreement in a Class Action which was approved by the Court in California, U.S.A. on a Class Action which was filed in Israel by an Israeli claimant against the same...
View ArticleThe Compensation for Loss of Earnings in the “Lost Year
The post The Compensation for Loss of Earnings in the “Lost Year appeared first on Levitan, Sharon & Co. - The Leading Firm in Insurance Law משרד לויתן שרון ושות.
View ArticleThe Israeli Court declined a JB Claim accepting the Argument of Fraud
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:...
View ArticleIs 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 ArticleApplication of Article 25 of the Warsaw Convention to Gross Negligence
Introduction The Magistrates Court of Acre applied Article 25 of the Warsaw Convention[1] and determined that a claim was not subject to the limitation of indemnity provided by Article 22 of the...
View ArticleApplication of Article 25 of the Warsaw Convention to Gross Negligence
According to Clause 62 of the Insurance Contract Law, 1981 (hereinafter: the Insurance Law), once the Insurer compensated the Insured, it is entitled to an independent right of subrogation against the...
View ArticleDraft Guidelines Published by the Commissioner of Insurance – Claims Handling
During the past few years, the Israeli Commissioner of Insurance published a long list of guidelines which dictated insurers’ conduct – both during the underwriting process (including guidelines for...
View ArticleIs an explosion caused by an explosive device attached to a vehicle an...
On the 12th January 2016 a judgment was handed down by the Israeli Supreme Court in the matter of 8238/14 Jalal Mruh Cilawee Vs Shirbit Insurance Ltd. The judgment determined that an explosive device...
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