27 Apr 2001
THE TAI PING INSURANCE CO. LTD. v. TUGU INSURANCE CO. LTD. AND ANOTHER
- Citation
- THE TAI PING INSURANCE CO. LTD. v. TUGU INSURANCE CO. LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCL121/1998
The court found double insurance existed because both policies covered the same loss and interest and were in force and enforceable; it rejected defendants' 'other interests' approach and the relevance of private arrangements between assureds; the court adopted the independent liability basis as the fair method to calculate contribution, awarding HK$746,250 in contribution and apportioning that sum between the 1st and 2nd defendants in the ratio 70:30 (HK$522,375 and HK$223,875 respectively), with costs to the plaintiff and interest ordered as specified.