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Levitan, Sharon & Co | Israel | 16 May 2023
Court rules in favour of insurer and provides guidance on article 31 of Montreal Convention
A common global issue raised in cases of baggage and cargo delay relates to the requirement set by the Montreal Convention according to which a complaint must be submitted in writing to the carrier within the specified time limits. After Harel Insurance Co Ltd filed a subrogation claim against DHL due to damage caused to its insured's cargo, the Tel Aviv Magistrates Court interpreted article......
Levitan, Sharon & Co | Israel | 10 May 2023
Court rules in favour of insurer and provides guidance on article 31 of Montreal Convention
A common global issue raised in cases of baggage and cargo delay relates to the requirement set by the Montreal Convention according to which a complaint must be submitted in writing to the carrier within the specified time limits. After Harel Insurance Co Ltd filed a subrogation claim against DHL due to damage caused to its insured's cargo, the Tel Aviv Magistrates Court interpreted article......
Levitan, Sharon & Co | Israel | 4 Jan 2023
Court provides guidance on exclusive cause of action under Montreal Convention and ASL
🕑 5 minutes The Lod Central District Court recently examined the relationship between the Montreal Convention 1999 and the Aviation Services Law 2012 (ASL). In doing so, it struck out various causes of actions that did not derive from the ASL in a motion to certify a class action against El Al Airlines Ltd. This ruling provides some clarity on the potential exposure for airlines in relation......
Levitan, Sharon & Co | Israel | 26 Oct 2022
Who is an "organiser" under the ASL and when are exemplary damages applicable?
🕑 7 minutes The Petach Tikva Magistrates' Court recently denied a claim filed by 64 claimants after their flight from Tel Aviv, Israel, to France was delayed. The claimants had purchased their tickets for the flight from Skideal, a company that organises ski trips. The Court considered whether Skideal could be considered an "organiser" under the applicable law, whether the flight should be......
Levitan, Sharon & Co | Israel | 19 Jul 2022
Derivative and securities class actions – in numbers
The Israeli Securities Authority recently published research regarding the derivative and securities class actions that have been filed in the 10 years since the Economic Division was established. The research, which examined 465 proceedings, revealed interesting trends regarding the filing of such proceedings and their outcome. This article analyses those trends in numbers.
Levitan, Sharon & Co | Israel | 6 Jul 2022
Exemplary damages under Aviation Services Law
Clause 11 of the Aviation Services Law 2012 (ASL) allows the court to award exemplary damages of up to 10,590 new Israeli shekels per passenger in cases where it finds that the operator has knowingly breached its main obligations under the ASL. In a recent judgment, the Lod District Court reversed the Rehovot Magistrates' Court decision to award exemplary damages to passengers in response to......
Levitan, Sharon & Co | Israel | 28 Jun 2022
Court dismisses motion to certify claims for refund of premium
In a recent judgment, the Haifa District Court declined a request for the certification of a class action filed against seven insurance companies. The request included a demand for reimbursement of a partial premium paid for business insurance, due to alleged reduced risk as a result of the national lockdowns and restrictions that were imposed during the covid-19 pandemic. The Court's......
Levitan, Sharon & Co | Israel | 3 May 2022
Gas supplier not liable for explosion resulting from consumer's negligence
The Magistrates Court of Petah Tiqva recently dismissed a claim filed by Alon Alalouf against the gas company Supergas Israel Gas Distribution Ltd after a gas explosion at a residential complex. The claim also implicated the owner of the complex and the insurance company that covered it. The Court, however, did not believe that these parties were liable for the incident.
Levitan, Sharon & Co | Israel | 16 Feb 2022
Court rules that exclusive cause of action under Montreal Convention also applies to air carrier's agent
The Petah Tikvah Magistrate Court recently dismissed a claim filed against DHL (Israel) Ltd, applying the principle of the exclusive cause of action set by the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), on the grounds that the plaintiff had failed to send a letter of protest within the timeframe of 21 days set out by the......
Levitan, Sharon & Co | Israel | 11 Jan 2022
Supreme Court cancels VIG precedent: foreign insurer is entitled to file subrogation claim in Israel
In a recent case, the Supreme Court dealt with the question of whether a foreign insurer is entitled to file a subrogation claim against the wrongdoer. This judgment rectifies the wrong decision of the VIG judgment that, for the past five years, has placed unnecessary and unjustified difficulties in the way of foreign insurers in recovery actions. The law is now clear: the foreign insurer is......
