Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Late notification

Legal area

Court

28 May 2003

FONG WING SHING CONSTRUCTION CO LTD v. ASSURANCES GENERALES DE FRANCE (HK) LTD

Citation

FONG WING SHING CONSTRUCTION CO LTD v. ASSURANCES GENERALES DE FRANCE (HK) LTD
Court

Court of First Instance
Case number

HCA5465/2001

Because the plaintiff established it had no knowledge of the accident until notified in June 2000 and thus notified the insurer "as soon as possible" in the circumstances, and because the insurer unreasonably withheld an extension beyond six months for filing a formal claim, the insurer was not entitled to repudiate and must indemnify the plaintiff for the sums paid under the consent judgment.
30 Nov 1984

LOO KAM BU t/a HUNG HING CHEUNG MACHINERY FACTORY (a firm) v. SUN HUNG KAI INSURANCE CO LTD

Citation

LOO KAM BU t/a HUNG HING CHEUNG MACHINERY FACTORY (a firm) v. SUN HUNG KAI INSURANCE CO LTD
Court

District Court
Case number

DCCJ7514/1984

The court held that the insurer waived its right to rely on late notification by accepting the written notice on 21 April 1983 and delaying any repudiation; the April 13 endorsement was administrative/retrospective and did not create a fresh contract enabling avoidance for non-disclosure of the prior accident; breach of eye‑protection regulations was not established or did not alter the insurer's risk; accordingly the plaintiff was entitled to indemnity subject to any premium adjustment under Clause 8.