10 Jun 2003
B.C. ENTERPRISE SDN. BHD. AND OTHERS v. BANK OF CHINA GROUP INSURANCE CO LTD
- Citation
- B.C. ENTERPRISE SDN. BHD. AND OTHERS v. BANK OF CHINA GROUP INSURANCE CO LTD
- Court
- Court of First Instance
- Case number
- HCCL49/2001
The court held the 18 and 23 November 2000 communications amounted to valid notices/declarations under the 2000 Open Cover, the defendant was on risk when the shipments commenced, and therefore the policies were issued pursuant to the Open Cover and must conform to its terms; the defendant could not impose a broader unqualified ISM warranty in those policies and repudiate liability on that basis.