19 Mar 2012
CHINA PING AN INSURANCE (HONG KONG) CO LTD v. TSANG FUNG YIN JOSEPHINE AND ANOTHER
- Citation
- CHINA PING AN INSURANCE (HONG KONG) CO LTD v. TSANG FUNG YIN JOSEPHINE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA308/2010
The court held that on the proper construction of the Proposal and Cover Note in their factual matrix the plaintiff's usual policy terms (including general condition 18(b) and clause 14) were incorporated into the interim contract; however whether the 1st Defendant breached general condition 18(b) raised contested facts (notice, agency of Sun Wah, and timeliness) and thus could not be resolved under Order 14A; the master's order was set aside and the 1st Defendant's application dismissed so the plaintiff can pursue the factual issues at trial.