A stolen crane sign – is it recoverable?

Attorney Shlomi Hadar – John Geva, Hadar & Co. Law Firm

The Petah Tikva Magistrate's Court heard a lawsuit filed by the owner of a truck that provides transportation services and work that requires lifting using the truck's crane. The plaintiff purchased the truck with a crane and requested to issue an insurance policy for the truck and crane that covers all types of insured events. She did so by contacting the defendant's representative, the insurance agent. In 2016, the plaintiff's truck was broken into, as a result of which parts of the truck were damaged and stolen, including a wireless control panel for the crane (hereinafter: " the panel ") worth NIS 28,000. As a result, the plaintiff turned to the insurer for compensation for the property damage caused to the truck in accordance with the insurance policy. The insurer compensated the plaintiff, deducting wear and tear, establishment, deductible, offset due to underinsurance, and deducting the value of the sign, claiming a lack of insurance coverage . The plaintiff chose to file a lawsuit claiming that the control panel is a significant part of the truck crane that is insured by the insurer. On the other hand, the insurer claimed that it compensated the plaintiff in accordance with its liability under the policy, minus the remote control in the absence of insurance coverage, as it claimed that the plaintiff violated her duty and did not comply with the policy provision, which states that: "A truck with a work device that has a removable/wireless remote control, the remote control will not be in the truck during hours when the truck is unmanned." At the time of the theft, the stolen control panel was inside the truck, which was unmanned, in complete violation of the terms of the policy.