24 May 2024
CHEUNG HON KIN v. CHUBB LIFE INSURANCE COMPANY LTD (formerly known as NEW YORK LIFE INSURANCE WORLDWIDE LTD and ACE LIFE INSURANCE COMPANY LTD respectively)
- Citation
- [2024] HKCFI 1313
- Court
- Court of First Instance
- Case number
- HCA2711/2016
No Braganza-type implied term was to be implied into the Contract because it was neither necessary nor obvious and would conflict with express contractual powers to amend manuals and terminate; alternatively, even if such an implied term existed it was not breached on the facts. No binding Alleged Oral Agreement was proven: testimony was inconsistent, alleged representatives lacked authority, contemporaneous documents contradicted the plaintiff's account and payment practices were explained by the defendant's Entry-Point system and a time-limited Special Allowance. Accordingly the claim is di…