Hong Kong Case Law: Decisions & Judgments

Topic

Insurable interest

Legal area

Court

30 Sept 2016

LEUNG WAI MING, the Administrator of the Estate of TSANG KAM OI, deceased v. MASSMUTUAL ASIA LTD

Citation

LEUNG WAI MING, the Administrator of the Estate of TSANG KAM OI, deceased v. MASSMUTUAL ASIA LTD
Court

District Court
Case number

DCCJ3172/2014

The strike-out application was dismissed because the defendant failed to show the claim was plainly unsustainable: there is an arguable case that the change of ownership may have been void for lack of insurable interest, which would mean the original policy continued and the alleged surrender by the purported owner may not have validly terminated the insured's rights; factual and legal issues are not suitable for summary disposal.
15 Dec 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 refused to vary the order nisi in favour of the defendants save for specified limited adjustments: the plaintiff's applications to vary costs against the 1st and 2nd defendants were dismissed; the order nisi in favour of the 1st defendant was confirmed and extended to include costs of the 1st defendant's 1 Feb 2010 summons and 8 Feb 2010 hearing (taxed on party-and-party basis, not indemnity); costs of the 2nd defendant were confirmed with specific interlocutory costs awarded to the 2nd defendant (Master Levy hearing) and no costs for the court hearing on the Bilney Report; the 2nd…
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…
18 Feb 2010

AMOI ELECTRONICS CO LTD v. KIN CHEUNG TRANSPORTATION (HONG KONG) CO LTD

Citation

AMOI ELECTRONICS CO LTD v. KIN CHEUNG TRANSPORTATION (HONG KONG) CO LTD
Court

District Court
Case number

DCCJ3993/2008

The insurer in subrogation was entitled to sue because the Insurance Policy named only the Plaintiff and there was no evidence or mutual intention that the Defendant was to benefit from the cover; the Defendant, as bailee, failed to discharge the burden of proof that the goods were delivered in full or that loss occurred after delivery; accordingly summary judgment was appropriate for the Plaintiff and the subrogated insurer for the invoiced value of the missing goods plus interest and costs as ordered.
3 Apr 2008

ANBEST ELECTRONIC LTD v. CGU INTERNATIONAL INSURANCE PLC

Citation

ANBEST ELECTRONIC LTD v. CGU INTERNATIONAL INSURANCE PLC
Court

Court of First Instance
Case number

HCCL82/2000

The court held for the plaintiff: the sale was CIF, the insured retained an insurable interest, the container was wrongfully abstracted pursuant to a pre-arranged theft such that the loss is properly regarded as occurring while cover remained in force under ICC(A) (Clause 8 and Theft clause); Clause 16 was not breached by the plaintiff's conduct in the Sharjah proceedings and did not extinguish liability; plaintiff entitled to indemnity of US$329,712.80 and reimbursement of HK$450,000 for reasonable legal expenses plus costs and interest as ordered.
10 May 2006

E.L.A.Z. INTERNATIONAL CO v. HONG KONG & SHANGHAI INSURANCE CO LTD

Citation

E.L.A.Z. INTERNATIONAL CO v. HONG KONG & SHANGHAI INSURANCE CO LTD
Court

Court of First Instance
Case number

HCCL16/2003

On the facts the court found the insured adventure extended to Mexico and the goods remained in the ordinary course of transit at the time of the theft in Laredo; the delay was not an election by the assured to store the goods and thus clause 8 did not terminate cover; the phrase 'subject to full container load' did not import a warranty prohibiting transshipment or devanning and did not extinguish cover; plaintiff retained an insurable interest; accordingly the insurer was liable for the insured sum.
24 Jan 2003

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD

Citation

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD
Court

District Court
Case number

DCCJ6260/2002

Because the plaintiff is ordinarily resident outside the jurisdiction and has failed to demonstrate a high probability of success — his title to sue under the policies is tenuous for lack of pleaded or evidenced assignment or insurable interest — it was just to exercise the discretion under Order 23 Rule 1 and order security for costs in each action.
24 Jan 2003

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD

Citation

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD
Court

District Court
Case number

DCCJ6261/2002

Because the plaintiff is ordinarily resident outside the jurisdiction and has failed to demonstrate a high probability of success — his right of action is tenuous due to lack of pleaded or evidenced assignment and absence of an established insurable interest at the time of loss — it is just in all the circumstances to order security for costs; security is to be assessed on the High Court costs scale given the related High Court action and proposed transfer.
17 Jan 2003

HONG KONG NYLON ENTERPRISES LTD. AND OTHERS v. QBE INSURANCE (HONG KONG) LTD.

Citation

HONG KONG NYLON ENTERPRISES LTD. AND OTHERS v. QBE INSURANCE (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCCL46/1999

The court found on the facts that the insurer had been informed the machine was exhibition machinery (so non-disclosure defence failed); any breach of the container-load warranty occurred by exercise of carrier liberties and fell within the scope of Clause 8.3 ICC(A) so the insurance remained in force; Hong Kong Nylon retained an insurable interest at the time of loss; plaintiffs were entitled to recover repair costs and diminution in resale value subject to disallowance of an unexplained reserve fund item. Accordingly judgment was entered for the 1st plaintiff against the defendant for US$81…
6 Aug 2002

NAM KWONG MEDICINES & HEALTH PRODUCTS CO. LTD. v. CHINA INSURANCE CO. LTD.

Citation

NAM KWONG MEDICINES & HEALTH PRODUCTS CO. LTD. v. CHINA INSURANCE CO. LTD.
Court

Court of First Instance
Case number

HCCL27/1999

The court refused to depart from the general rule that costs follow the event, declined to disallow defendant's recovery of costs for the unsuccessful non-disclosure issue, and awarded the plaintiff legal costs referable to the defendant's abandoned mitigation plea from 23 March 2001 (the Notice to Admit) to be taxed if not agreed; interlocutory costs orders remain and there is liberty to apply for unresolved items.