8 Feb 2005
THE MING AN INSURANCE CO. (H.K.) LTD v. CHAN MAN DUN & ANOTHER
- Citation
- THE MING AN INSURANCE CO. (H.K.) LTD v. CHAN MAN DUN & ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2437/2004
The court held that the incorrect chassis number, engine number, seating capacity and false ownership were material particulars that a prudent insurer would regard in underwriting because they go to the validity of vehicle registration and the risk; the plaintiff had no knowledge of the discrepancies and was not negligent in failing to discover them; the plaintiff relied on the representations and was induced to issue the policy; accordingly the insurer was entitled to avoid the policy and obtain declarations under s10(3) of the Motor Vehicles Insurance (Third Party Risks) Ordinance.