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Levitan Sharon & Co |

Peggy Sharon

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Levitan Sharon & Co | Israel | 14 Sep 2021

Breach of age limitation: total discharge of insurer or partial payment of benefits?

During a recent additional hearing held by the Supreme Court, an extended panel of five judges considered whether a 23-year-old driver was entitled to coverage under a car insurance policy limited to drivers aged 30 and over. The judgment determined that the insurer, Hachshara, would be discharged of liability under the policy in view of the insured's breach of the age limitation.
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Levitan Sharon & Co | Israel | 17 Aug 2021

Should interpretation of insurance circulars lie with commissioner or court?

Following a class action against five insurance companies regarding interest charges added to policy premiums, the Supreme Court held an additional hearing and determined that the interpretation of the commissioner's circulars should be made by the court and not by the commissioner.
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Levitan Sharon & Co | Israel | 12 May 2021

Airport operator's liability towards passengers in terminals

The Jerusalem Magistrates Court recently accepted a claim filed against the Israeli Aviation Authority (IAA) by a passenger who had been injured while colliding with another person at Ben-Gurion International Airport, which the IAA operated. The court ruled that the presence of ground stewards in the terminal – even if considered to be a high standard – could have prevented the collision......
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Levitan Sharon & Co | Israel | 26 Apr 2021

Class action for bodily injury due to environmental pollution

A non-profit organisation filed a claim and a motion to certify the claim as a class action against 30 plants in the Haifa Bay region, arguing that the plants polluted the environment and caused bodily injuries to the class members who were exposed to the hazardous materials which the plants emitted. The respondents held that it was impossible to handle a claim for bodily injuries caused by......
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Levitan Sharon & Co | Israel | 2 Feb 2021

Impact of new controversial Civil Procedure Regulations on insurers: faster, stronger, costlier?

The new controversial Civil Procedure Regulations recently entered into force. Insurers' claims departments must study and understand these new procedures, which may cause increased uncertainty during the first years of implementation. In the meantime, plaintiffs – including insurers in subrogation claims or claims for contribution – must prepare their claims more thoroughly with all......
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Levitan Sharon & Co | Israel | 13 Jan 2021

Statutory damages under Aviation Services Law cannot be claimed in class actions

In August 2020 the Central District Court dismissed several requests for the certification of class actions which had been filed against different airlines on the basis that statutory damages under the Aviation Services Law cannot be claimed in class actions. In all of the cases, the airlines' main argument was that according to the Class Action Law, the court cannot award compensation where......
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Levitan Sharon & Co | Israel | 20 Oct 2020

Lack of safety measures does not repudiate coverage as long as insurer has collected premium

A recent case dealt with the question of whether an insured is entitled to insurance benefits for the loss of their car by theft when it lacked the security measures required by the insurer. The Insurance Contract Law enables the award of partial benefits (Article 18), but in this case the insurer presented no evidence to support the application of this remedy. Thus, the court ordered the......
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Levitan Sharon & Co | Israel | 11 Aug 2020

Foreign insurers' right of subrogation – time for revision?

In November 2017 the Supreme Court approved a district court's decision that a foreign insurer which is not licensed under the Supervision Law is not entitled to file a subrogation claim in Israel. Notably, the Supreme Court is expected to readdress this decision in the near future. In view of its problematic outcome, it is hoped that the court will take this opportunity to reconsider its......
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Levitan Sharon & Co | Israel | 30 Jun 2020

Insurance class actions due to COVID-19 pandemic

Has the COVID-19 pandemic led to the filing of insurance class actions which are typical of such crises? This article discusses class actions relating to motor, business and apartment insurance based on the allegation that the insureds paid monies (eg, premiums) for a period during which they did not enjoy any or full consideration for these payments.
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Levitan Sharon & Co | Israel | 14 Apr 2020

COVID-19 and insurance litigation: current and expected trends

The outbreak and spread of COVID-19 in Israel is affecting businesses and the movement of individuals, as well as significant reductions in commercial activity. This article examines how COVID-19 will affect insurance litigation and what can be expected in the long term.
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