10 Sept 2014
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 Final Appeal
- Case number
- FACV18/2013
The Deadweight Warranty was an effective express promissory warranty under s33 MIO; the insured vessel's deadweight breached that warranty; there was no cogent evidence the insurer had actual or legal presumed knowledge sufficient to negate the warranty or to ground rectification or waiver by estoppel; accordingly insurer was discharged and the appeal was dismissed.