Hong Kong Case Law: Decisions & Judgments

Topic

Third parties (rights against insurers) ordinance

Legal area

Court

20 May 1994

SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.

Citation

SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.
Court

Court of First Instance
Case number

HCCL6/1988

The Plaintiffs were entitled to have Axelson's rights under the policy transferred to them and to judgment for the sums assessed because (a) the challenged admission was either made with Eastern's consent or occurred after Eastern had formally disclaimed liability so it could not ground repudiation, and (b) Eastern, having had the contractual right to assume conduct of the defence and electing not to do so, cannot complain that it lacked the opportunity to defend and is bound by the interlocutory judgment against Axelson.
21 Oct 1992

SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.

Citation

SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.
Court

Court of Appeal
Case number

CACV90/1992

By majority the Court of Appeal upheld the trial judge: the policy (proposal, policy and endorsements) was construed to mean Richstone alone was the insured and the contract precluded Axelson from intervening as undisclosed principals; section 2 of the Life Assurance Act 1774 and related statutory context supported requiring identifiable interest such that Axelson had no enforceable rights under the policy; Part IV did not operate retroactively to create insurer liability for an accident before its commencement; accordingly plaintiffs could not recover under Part IV or as third-party assignee…
8 Apr 1992

SIU YIN KWAN AND OTHERS v. EASTERN INSURANCE CO LTD

Citation

SIU YIN KWAN AND OTHERS v. EASTERN INSURANCE CO LTD
Court

Court of First Instance
Case number

HCCL6/1988

Court found Richstone contracted as agent for Axelson but the proposal and policy treated Richstone as the employer/insured; plaintiffs failed to prove Eastern knew Richstone was not employer or to establish a common intention or prior agreement to justify rectification; additionally Richstone made negligent/reckless misrepresentations (identity and wages estimate) incorporated as basis of contract enabling Eastern to avoid the policy; plaintiffs' tort claim failed; therefore judgment for defendant.
25 Sept 1987

LAW YIM KWAN v. CHINA INSURANCE COMPANY LIMITED

Citation

LAW YIM KWAN v. CHINA INSURANCE COMPANY LIMITED
Court

Court of First Instance
Case number

HCA6845/1986

The court held the limitation endorsement related only to common law liability and, given the existence of two contemporaneous policies covering the same type of liability, the only sensible construction was that the policies were intended to operate as layers producing a combined liability ceiling of HK$300,000; accordingly the plaintiff was entitled to HK$299,022.89 plus interest and costs.
19 Dec 1980

THE ORIENTAL FIRE & GENERAL INSURANCE CO LTD v. CHEUK MA YEE

Citation

THE ORIENTAL FIRE & GENERAL INSURANCE CO LTD v. CHEUK MA YEE
Court

Court of Appeal
Case number

CACV75/1980

The Court of Appeal held that the insurer had established breach of the policy's notice requirements (Condition 1: failure to give written notice of intended prosecution and to forward summons) and that the insurer did not waive its right to rely on breaches by taking over the defence because it had given clear warnings and reserved its rights; consequently the insurer was entitled to repudiate liability and the appeal was allowed.

Hong Kong Case Law

SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.

SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.

SIU YIN KWAN AND OTHERS v. EASTERN INSURANCE CO LTD

LAW YIM KWAN v. CHINA INSURANCE COMPANY LIMITED

THE ORIENTAL FIRE & GENERAL INSURANCE CO LTD v. CHEUK MA YEE