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Reinsurance Which system of law?

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Presentation on theme: "Reinsurance Which system of law?"— Presentation transcript:

1 Reinsurance Which system of law?
Peggy Sharon, Adv. Levitan, Sharon & Co. Israel AIDA Europe - Budapest 27th November 2008

2 Applicable Law consumer protective
Insurance – Insurance Contract Law, 1981 consumer protective

3 Applicable Law Reinsurance – General Contract Law

4 Possible Conflict Reinsured- Reinsurer English Law Insured – Insurer
Israeli Law Insured – Insurer

5 Mind the Gap

6 Differences: Reasonable Defence Expenses:
Primary insurance: (Insurance Contract Law) above policy limit in Liability Insurance

7 Reinsurance (English) law – All within limit

8 Disclosure of Information
Full Disclosure Reinsured- Reinsurer Only Answers to Questions Insured – Insurer

9 Late Notification Reinsurance: Defence for reinsurer
Primary Insurance: Prejudice required

10 Filling the Gap Court Ruling (Elbit): to apply to both contracts – the same system of Law (Israeli)

11 In practice: Cedent dictates same law as primary insurance

12 Thank You תודה Köszönöm

13 Reinsurance which system of law?
Peggy Sharon, Adv. Levitan, Sharon & Co. Israel AIDA Europe - Budapest 27th November 2008


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