26 Jul 1977
CHAN LAM-CHUN v. THE NATIONAL INSURANCE CO LTD
- Citation
- CHAN LAM-CHUN v. THE NATIONAL INSURANCE CO LTD
- Court
- Court of Appeal
- Case number
- CACV57/1976
Majority held that the insurers, having elected to take over and conduct the defence and having acted in ways that prejudiced the insureds (entering appearance and defence, amending pleadings, remaining on record and withdrawing at a late stage), waived any right to rely on the insureds' prior failures to assist; alternatively insurers had not made reasonable attempts to obtain cooperation, so they could not validly rely on breaches to defeat liability under s.2 Third Parties (Rights Against Insurers) Ordinance.