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…
- Undisclosed and unnamed principal doctrine
- Insurable interest and life assurance act 1774
- Employees' compensation ordinance part iv and direct rights against insurers
- Third parties (rights against insurers) ordinance
- Policy avoidance for misrepresentation/uberrima fides
- Waiver of policy conditions after insurer disclaimer