28 Jul 2003
HARBOURFIELD ENGINEERING CO LTD v. FALCON INSURANCE CO (HONG KONG) LTD
- Citation
- HARBOURFIELD ENGINEERING CO LTD v. FALCON INSURANCE CO (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCMP245/2003
Repudiation was wrongful because Harbourfield had no duty to notify Falcon of the arson or the departmental summons until the plaintiff in HCPI No.71 alleged a causal link; the Writ with Endorsement of Claim served on 26 September 2002 triggered Condition 2 and notice was given on 27 September 2002; Condition 3 could not validly be used to penalize a criminal plea; no estoppel arose since there was no unequivocal, communicated act by Falcon affirming the policy. Therefore Falcon's repudiation on the grounds relied upon was unjustified.