12 Aug 2013
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 Appeal
- Case number
- CACV190/2012
The Court of Appeal held the DWT warranty was not inconsistent with naming the vessel and the Insurer was entitled to rely on breach of that warranty; the trial judge's findings on non-disclosure and presumed knowledge of the Insurer could not be sustained. Accordingly the insurer's appeal was allowed, the judgment against the Insurer was set aside, and, because the trial judge had found the Broker liable in the alternative, judgment was entered against the Broker for the insured sum.