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Jurisdiction

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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 | 9 Mar 2021

Fire did not break out as a result of a gas explosion: dismissal of claim against gas supplier and insurer

The Central District Court recently dismissed a claim filed by a plaintiff against a gas supplier and its insurer and determined that the plaintiff had failed to prove that the claim event had been a gas explosion and the gas supplier's alleged negligence. The court accepted all of the arguments raised in the written summaries filed on behalf of the defendants and determined that, among other......
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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 | 15 Dec 2020

Supreme Court rules that electric bicycles are not motor vehicles

The controversy over whether electric bicycles are motor vehicles and are hence subject to the Law of Compensation to Victims of Road Accidents recently came to an end with a Supreme Court ruling. Since electric bicycles are involved in many accidents, the question of whether the law applies has become important because if electric bicycles were to be considered motor vehicles, there would be......
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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 | 6 Oct 2020

Supreme Court rules on 3% capitalisation interest for subrogation claims filed by NII

The Supreme Court recently answered a crucial question which could affect the reserves for bodily injury claims of all Israeli insurers and hence affect their balance sheets. According to the decision, the relevant annual capitalisation interest that should apply in respect of subrogation claims filed by the National Insurance Institute (NII) is 3% regardless of the fact that the NII paid......
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