On the Deduction of National Insurance Payments from Tort Victims' Claims
AbstractIn CA 1093/07 Bachar v. Fokmann  (request for additional hearing denied, 2010) , the Israeli Supreme Court has formed a formula for calculating the deduction of NII payments from a tort victim's claim, when only some of the victim's impairment is causally linked to the tortious act in question. Overall, six Supreme Court Justices have reviewed and affirmed this simple formula. However, this formula is incorrect, as it contradicts some of the most basic tort premises, ignores the way impairment is calculated, and necessarily leads to the under-compensation of the victim, and to an unjust enrichment of either the tortfeasor, the National Insurance Institute, or both. This Article, therefore, calls for the adoption of a different formula that is both legally and arithmetically correct.
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Bibliographic InfoPaper provided by The Center for the Study of Rationality, Hebrew University, Jerusalem in its series Discussion Paper Series with number dp564.
Length: 22 pages
Date of creation: 01 Aug 2010
Date of revision: 17 Sep 2010
Publication status: Published in 3 Mishpatim Online 1 (2010)
Tort; Law; Insurance; Deduction; Accident; Formula; Israel;
Find related papers by JEL classification:
- K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability
This paper has been announced in the following NEP Reports:
- NEP-ALL-2010-12-04 (All new papers)
- NEP-CWA-2010-12-04 (Central & Western Asia)
- NEP-IAS-2010-12-04 (Insurance Economics)
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