30 Sept 1992
YOUNG CONQUEROR CO LTD v. COMMERCIAL UNION ASSURANCE CO PLC AND OTHERS
- Citation
- YOUNG CONQUEROR CO LTD v. COMMERCIAL UNION ASSURANCE CO PLC AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA8217/1987
Clauses 5 and 6 were incorporated as definitional provisions rather than independent warranties so damage was prima facie covered; any ambiguity in General Exception 1(b)(i) must be construed contra proferentem giving it a purposive meaning (insured must have ordered/permitted/known misuse) and insurers failed to prove an exception; the restaurant was vicariously liable because the parking attendant was acting in course of employment and the restaurant did not prove any exemption clause — accordingly insurers liable to indemnify and 2nd Defendant liable to plaintiff for full repair costs.