Insurance Commons^™

Hassan V. National Insurance Institute, Dorit Beinisch, Miriam Naor, Uzi Vogelman, Edna Arbel, Esther Hayut, Elyakim Rubinstein, Salim Joubran

Translated Opinions

This Petition challenges the constitutionality of section 9A(b) of the Income Guarantee Act. The main claim the Petitions raise is that section 9A(b) establishes an absolute presumption whereby those who own or have access to the use of a vehicle shall be seen as having an income at the amount of the benefit, and thus their right to the benefit of income guarantee is revoked. It was argued that this presumption unconstitutionally infringes the right to minimal dignified human existence.

The Supreme Court sitting as a High Court of Justice granted the Petitions and declared the unconstitutionality of section 9A(b) …

Israel Oil Refineries Ltd. V. New Hampshire Insurance, Edna Arbel, Elyakim Rubinstein, Eliezer Rivlin

Translated Opinions

Facts: The Tel Aviv District Court granted a petition for the recognition of a judgment rendered by an English court, which had declared that an insurance policy issued by the respondent (New Hampshire Insurance) to an Israeli company, Oil Refineries Ltd. – the appellant – was void on the grounds that a substantial matter had not been disclosed to the issuer. The respondent brought the action in the English court after its sibling company (AIG Europe, which had underwritten the policy) had been served a third party notice in an Israeli proceeding brought against the appellant. The District Court …

Louzon V. Government Of Israel, Dorit Beinisch, Asher Grunis, Miriam Naor

Translated Opinions

This Petition challenges the exclusion of the medication “Erbitux” among the state provided health services, which are publically funded. The medication Erbitux is a new drug for the treatment of colon cancer.

The Supreme Court, sitting as a High Court of Justice, held as following:

It is doubtful whether the demand for public funding of new medications may find a hold in the hard core of the constitutional rights detailed in the Basic Law. Even under a broad interpretive approach with expand the constitutional scope of the right to dignity beyond the necessary minimum in the context of welfare and …

Hamadah V. Israel Auto Insurance Fund, Tova Strasberg-Cohen, Asher Grunis, Eliezer Rivlin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

The Appellant was injured in a traffic accident in Gaza in a car insured by an Israeli insurance company. The Appellant filed his claim seven years later in an Israeli court. The court found that the accident was subject to an order by the military commander, which established a two year limitations period for claims deriving from traffic accidents in Gaza, and thereby held …

Menorah Insurance V. Jerusalem Candles Ilum, Miriam Naor, Aharon Barak, Shlomo Levin

Translated Opinions

Facts: Appellee 6 (landlord), leased an industrial building to appellee 1 (Jerusalem Candles).  The building and its contents were badly damaged by fire. The landlord, who was insured by appellant (Menorah) against fire risks, was compensated by Menorah as per the insurance policy. Menorah sued the tenant and The Phoenix (the tenant’s insurance company – appellee 3), in an action of subrogation. In the district court, the latter two parties requested that the suit be summarily dismissed as, so they claimed, lessor and Menorah had waived, in the lease and in Menorah’s policy, their right of subrogation against tenant. The …

New Zealand Insurance Company V. Yuval, Moshe Silberg, Simha Assaf, Moshe Landau

Translated Opinions

The plaintiff, a Haifa merchant, insured with the defendant, a company having its head office apparently in New Zealand and a branch in London, a consignment of 100 watches despatched to him from Paris. The policy, made in Haifa and mentioning the London branch, was in English and contained a "lost-or-not-lost" clause. In fact the watches had been sent from Paris twenty days before the issue of the policy, but this fact was not disclosed to the underwriters. The consignment was stolen while in transit in France, and only seven watches were recovered. It was impossible to determine whether the …