Judge Scolds Insurer for Insensitivity to Gaza Conflict Evacuee
A judge has sharply criticized the Ayalon insurance company for its "formalistic and rigid" approach to an evacuee from the Gaza border region who was recognized as a victim of terror. The plaintiff, a resident of Sderot, was forced to leave his home following the October 7th attacks and experienced significant trauma. While evacuated, his car was declared a total loss after a November 2024 traffic accident. Ayalon denied his insurance claim, citing an invalid driver's license due to an expired registration, arguing that a notice about the license suspension had been sent to his registered address.
The judge, Avigail Frey, presiding over the Ramla Magistrate's Court, rejected the insurance company's defense. She emphasized that due to the plaintiff's trauma and displacement, the company should have shown "exceptional sensitivity." The court noted that the plaintiff had not received any notification about his license suspension because he was displaced from his home and had not received mail at his former address. His lawyer argued that the trauma from the October 7th events, which led to his recognition as a victim of terror with temporary psychological disability, prevented him from actively monitoring his license status.
Judge Frey stated that the insurance company failed to provide a legal basis for demanding the plaintiff actively check his license status while he was in a difficult psychological state and displaced. She highlighted that the city of Sderot's mayor had indicated that residents' return was influenced by subjective fear, not a fixed date. The judge concluded that Ayalon's rigid stance, relying on technicalities like the presumption of delivery without considering the human circumstances, was "contrary to the spirit of the law and the principles of justice and fairness."
Ayalon was ordered to pay the plaintiff the full vehicle value of approximately NIS 107,000, plus legal expenses and attorney fees totaling NIS 23,000. The court expressed deep dissatisfaction with the company's conduct, stating that as a major insurer, Ayalon bears a heightened responsibility to act with good faith, fairness, and discretion, especially in sensitive cases arising from war and terror.
