Third, the exception is formulated in a general way, but it is not all "pits or land subsidence", but only those Institutes Sinkholes.
In this regard, at the very least, Media Maven's interpretation is possible and reasonable (and even preferable) and is consistent with the language of the policy, because the term "so-called sinkholes" is according to its geological definition.
As we both say - this is an exception, and therefore Ayalon has the burden of proof of the existence of the exception (Civil Appeal 453/11 above). Other Municipality Requests 11081/02 The above was held:
"Out of all this, Because the insurer is obligated to define the exceptions to the insurance coverage, so that the absence of insurance coverage can be determined in the most accurate manner. Where this is done in general and vague definitions, a purposive interpretation that sustains the coverage will be preferred, an interpretation that negates it. It is not enough for the insurer to point to a reasonable interpretation of the exception, in order for its existence to be recognized, Rather, he must show that the existence of the exception to the insurance coverage is the only reasonable interpretation of the exemption clause .... Each insurance contract must be examined according to its circumstances, and the interpretive option must be adopted, which indicates the intention of the parties, and which is reasonable and balanced" (paragraph 62 of the judgment, emphases added)
Therefore, and contrary to Ayalon's argument in her summaries (see paragraphs 91-101 of the summaries and more), I am of the opinion that there are at least two reasonable and logical interpretations, and therefore the rule in the insurance context is known that "the interpretation against the drafter in the insurance context serves mainly where we are dealing with exceptions to the insurance coverage" (Civil Appeal 11081/02 , supra, para. 60).
Fourth, from a logical point of view, a media position is more likely. And I will explain. According to Ayalon's position, the very broad dictionary definition of the term sinkhole by the Academy of the Hebrew Language should be addressed: "a hole in the ground created by the collapse of the top layer of soil into a space that opened up beneath it"; even though it itself did not act to define the term sinkhole in the policy. Attorney Ayalon even refers to various publications on the Internet, where the terrible event in question was defined as the "sinkhole disaster" to teach you that it is a "sinkhole".