EVERSHINE CLEANING SERVICE COMPANY LTD 對 GCINT WEALTH MANAGEMENT LTD (Formerly known as "UNITED ABLE INTERNATIONAL LTD")

EVERSHINE CLEANING SERVICE COMPANY LTD 對 GCINT WEALTH MANAGEMENT LTD (Formerly known as "UNITED ABLE INTERNATIONAL LTD")

On the balance of probabilities the court accepted plaintiff's witnesses and contemporaneous evidence that the solicitors' letters were delivered to the intermediary in October 2019, and accepted the insurer's evidence that it only received them on 20 March 2020; the delay was caused by the intermediary/defendant,...

Source-derived case information.

Citation
[2026] HKDC 347
Parties
Plaintiff: EVERSHINE CLEANING SERVICE COMPANY LIMITED; Defendant: GCINT WEALTH MANAGEMENT LIMITED (formerly UNITED ABLE INTERNATIONAL LIMITED)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 March 2026
Case Number
DCCJ1930/2022
Procedural Posture
Civil Claim for Negligence Against Insurance Intermediary / Judgment After Trial
Outcome
Judgment for plaintiff
Legal Topics
Duty of Care of Insurance Intermediaries, Late Notice/prejudice, Causation of Loss, Remedies and Damages, Interest and Costs
Source Language
ch
Insurance Law Professional Negligence Contract Law Civil Procedure Duty of Care of Insurance Intermediaries Late Notice/prejudice Causation of Loss Remedies and Damages +1 more

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Parties

EVERSHINE CLEANING SERVICE COMPANY LIMITED

Plaintiff

GCINT WEALTH MANAGEMENT LIMITED (formerly UNITED ABLE INTERNATIONAL LIMITED)

Defendant

Procedural Posture

Civil Claim for Negligence Against Insurance Intermediary / Judgment After Trial

  1. 1 Whether the licensed insurance intermediary owed and breached a duty to forward claim documents promptly under s.90B Insurance Ordinance and common law
  2. 2 Whether delay in notifying the insurer caused the insurer to validly refuse indemnity
  3. 3 Whether the defendant employer is liable for its employee's failure to forward documents and for inadequate supervision

Ratio Decidendi

On the balance of probabilities the court accepted plaintiff's witnesses and contemporaneous evidence that the solicitors' letters were delivered to the intermediary in October 2019, and accepted the insurer's evidence that it only received them on 20 March 2020; the delay was caused by the intermediary/defendant, not the plaintiff; the intermediary had a duty to forward claim documents and to supervise staff; defendant breached that duty and caused the insurer to decline cover, therefore defendant is liable to reimburse the settlements and legal costs awarded.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay plaintiff HKD1,289,485.61 (comprising HKD395,000; HKD721,485.61; and HKD173,000)
  • Interest on the judgment sum from 1 October 2022 at half judgment rate until the date of this judgment, thereafter at judgment rate until payment