7 Feb 2013
CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER
- Citation
- CHINA TAIPING INSURANCE (HK) CO LTD v. TANG TZE WAI AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV277/2011
Given unchallenged factual findings that the engine in the accident vehicle differed from the engine registered in the VRD and specified in the proposal, the engine was a vital attribute such that the accident vehicle was not the vehicle intended to be insured; the policy was void ab initio on the common mistake as to existence/identity of the insured vehicle and therefore the insurer had no liability under the Ordinance; the Court of Appeal dismissed MIB's appeal and upheld the trial judge's declarations.