6 Aug 2012
HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER
- Citation
- HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA480/2009
The court construed the policy to give effect to the named vessel and concluded the DWT clause was inconsistent with that operative identification; the DWT condition did not reflect the parties' common intention and (if necessary) the policy would be rectified to delete it; the insured did not breach the duty of disclosure; accordingly insurer could not avoid the policy and judgment was entered for the insured. The court further held that the broker owed duties to ensure cover met the insured's requirements and, had the insurer validly avoided the policy, the broker would be liable to indemni…