31 Aug 2010
KAM HING TRADING (HONG KONG) LTD v. THE PEOPLE\'S INSURANCE CO OF CHINA (HONG KONG) LTD AND ANOTHER
- Citation
- KAM HING TRADING (HONG KONG) LTD v. THE PEOPLE\'S INSURANCE CO OF CHINA (HONG KONG) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCL27/2009
The court dismissed the plaintiff's claim against the insurer because the carrying vessel was not ICC/01 qualifying (non-IACS class) and the plaintiff did not give the prompt notice required by ICC/01 to enable underwriters to agree rates and conditions; issuance of a policy/premium without further inquiry did not operate to approve or cure non-compliance with ICC/01. The broker was not liable because on the facts it merely sourced replacement open cover and the plaintiff did not prove MST breached any contractual or tortious duty to explain or independently verify vessel class or that any br…