LO WAI LIN v. FWD LIFE INSURANCE COMPANY (BERMUDA) LTD

LO WAI LIN v. FWD LIFE INSURANCE COMPANY (BERMUDA) LTD

Leave to appeal was granted because it was arguable that the Adjudicator erred in law by failing to inquire whether the Policy contained an express or implied term requiring production of original documentary proof based on industry practice; the appeal had reasonable prospects of success and therefore leave should be granted.

Citation
LO WAI LIN v. FWD LIFE INSURANCE COMPANY (BERMUDA) LTD
Parties
Claimant (respondent): Lo Wai Lin; Defendant (applicant): FWD Life Insurance Company (Bermuda) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2016
Case Number
HCSA6/2016
Procedural Posture
Small Claims Tribunal Appeal (court of First Instance) / Leave to Appeal Granted on Point of Law; Costs Reserved
Outcome
Leave to appeal granted on point of law; costs reserved
Legal Topics
Proof of Loss, Original Documents Requirement, Industry Practice as Contractual Term, Implied Terms, Leave to Appeal
Source Language
EN
Insurance Law Contract Law Civil Procedure Evidence Proof of Loss Original Documents Requirement Industry Practice as Contractual Term Implied Terms +1 more

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Parties

Lo Wai Lin

Claimant (respondent)

FWD Life Insurance Company (Bermuda) Limited

Defendant (applicant)

Procedural Posture

Small Claims Tribunal Appeal (court of First Instance) / Leave to Appeal Granted on Point of Law; Costs Reserved

Legal Issues

  1. 1 Whether the policy required production of original hospital receipt as an express or implied contractual term
  2. 2 Whether industry practice (HKFI Guidance) can establish an implied or incorporated term requiring originals
  3. 3 Whether the Adjudicator erred in law by failing to inquire into the existence of such a term under s16(3) Small Claims Tribunal Ordinance

Ratio Decidendi

Leave to appeal was granted because it was arguable that the Adjudicator erred in law by failing to inquire whether the Policy contained an express or implied term requiring production of original documentary proof based on industry practice; the appeal had reasonable prospects of success and therefore leave should be granted.

Court Disposition

Leave to appeal granted on point of law; costs reserved

Orders

  • Leave to appeal granted on point of law
  • Costs reserved