What is 'Forcible Entry' in an Insurance Policy?
Jerusalem Post Monday, January, 20, 1996
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1.�� Under the Ramat Gan Synagogue's insurance policy with Sahar, compensation for theft or attempted theft was payable if the premises were entered on the conditions, inter alia, that the entry or leaving was "forcible and there were signs or force."
2.�� Thieves entered the building by climbing over one of the walls and going through an unlocked window. On the outside of the wall, under the window, were signs of mud.
3.�� The synagogue claimed compensation in the Tel Aviv Magistrates Court, but the claim was dismissed. The court held that there was no proof that the window was locked or closed, and even if the climbing over the wall could be regarded as "force," it was no part of the actual entry. It also held that the mud on the wall was not assign of the use of force.
4.�� An appeal to District Court also failed, the majority accepting the magistrate's findings. However, the minority judge held that the object of the policy's requirements was that the entry should be unlawful. The use of force, she held, was proved, as distinguished for example, from entering with a key. The synagogue then appealed to the Supreme Court.
5.�� JUSTICE BACH, delivering the first judgment, said two questions arose: was the climbing over the wall "force" within the meaning of the policy, and wrer the signs of mud sufficient support for a finding that force was used. Both questions, he stressed, had to be answered positively.
Vocabulary matching exercise
Match the words on the left with the definitions on the right. Put the correct letter into the box next to each word.
1
Court of Civil Appeals
A
marks
2
Justice
B
To demand for money damages or for enforcement of a right. If such a demand is not honored, there may be a lawsuit.
3
in the matter of
C
A Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence.
4
Inter alia
D
The ruling (decision) by a judge the plaintiff's lawsuit is thrown out of court. This judgment may be made before, during or at the end of a trial, when the judge becomes convinced that the plaintiff has not and cannot prove his/her/its case.
5
Signs
E
Conclusion, decision
6
Thieves
F
Judge in the Supreme Court
7
To claim
G
Enough
8
Magistrates Court
H
Conditions, demands
9
Dismiss
I
Regarding, in regard to
10
Hols/Held
J
Proof, evidence, aid
11
Findings
K
A civil, not criminal court where people appeal the decisions of a lower court.
12
Requirements
L
See as different
13
Distinguished
M
Decided by the court
14
Sufficient
N
Latin: "among other things", "for example" or "including". Legal drafters (writers) would use it to precede a list of examples or samples covered by a more general descriptive statement.
15
Support
O
A person who steals another person's property, especially by stealth; examples: robber, burglar, housebreaker.
2 1 4 5 9 6 8 7 0 3 � 1)����Trial court having jurisdiction over legal cases in a particular legal district. 2)���� Damages. 3)���� Verdict, sentence of a court. 4)���� The person being sued or defended in an appeal case. 5)���� Building, property, site. 6)����Against. 7)���� The lesser number. 8)���� The party bringing the action to court. 9)����Plead, request, petition for a new trial or judgment. 0)� Greater part or number.
1)����Trial court having jurisdiction over legal cases in a particular legal district.
2)���� Damages.
3)���� Verdict, sentence of a court.
4)���� The person being sued or defended in an appeal case.
5)���� Building, property, site.
6)����Against.
7)���� The lesser number.
8)���� The party bringing the action to court.
9)����Plead, request, petition for a new trial or judgment.
0)� Greater part or number.
