Hong Kong Case Law: Decisions & Judgments

Topic

Repudiation of insurance policy

Legal area

Court

31 Oct 2013

WONG SHU KEUNG v. KAM LUEN CONSOLIDATION LTD AND ANOTHER

Citation

WONG SHU KEUNG v. KAM LUEN CONSOLIDATION LTD AND ANOTHER
Court

District Court
Case number

DCEC638/2010

The court has jurisdiction to set aside the consent judgment; MSIG demonstrated a meritorious defence (the employer's written denial of an employment relationship undermining the basis of the consent judgment) and the delay was not sufficiently prejudicial to bar relief, therefore the court exercised its discretion to set aside the judgment and permit MSIG to challenge liability and quantum.
21 Mar 2007

WAAN CHUEN MING v. LUEN HING FAT COATING & FINISHING FACTORY LTD

Citation

WAAN CHUEN MING v. LUEN HING FAT COATING & FINISHING FACTORY LTD
Court

Court of First Instance
Case number

HCPI591/2003

The 3rd Defendant was validly joined and was entitled to remain in the action until it had Judge Lok's written reasons and to pursue appeals to the Court of Appeal; the Plaintiff's out‑of‑time appeal against the Master's 14 Oct 2004 costs order is dismissed; having lost at the Court of Appeal and been returned to the position as at 15 May 2005, justice requires no order for costs in respect of the summons removing the 3rd Defendant; costs up to issue of the summons remain costs in the cause and legal aid taxation is ordered for the Plaintiff's costs.
21 Feb 2006

HARBOURFIELD ENGINEERING CO LTD v. FALCON INSURANCE COMPANY (HONG KONG) LTD

Citation

HARBOURFIELD ENGINEERING CO LTD v. FALCON INSURANCE COMPANY (HONG KONG) LTD
Court

Court of Appeal
Case number

CACV229/2005

The Court held the defendant wrongfully repudiated the policy and that the policy's indemnity for costs and expenses extends to reasonable costs of defending third‑party claims brought in connection with the insured's business; those costs are recoverable by the insured as damages flowing from wrongful repudiation and are not conditional on the insured being ultimately held liable, and alleged breaches of statutory requirements (condition 5) were irrelevant to the risk giving rise to the PI claim and did not exclude cover.
3 Jun 2004

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 Appeal
Case number

CACV275/2003

The appeal is dismissed because the insurer's repudiation was unjustified: the conviction related to a discrete repair not maintenance, there was no proven causal or relevant link between that repair or statutory breach and the arson death, and no event arose that would reasonably require notification under the policy, so the insurer could not validly deny indemnity.
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.
15 Mar 2001

Wong Shu Kuen v. Bachy Soletanche Group Ltd.

Citation

Wong Shu Kuen v. Bachy Soletanche Group Ltd.
Court

District Court
Case number

DCEC545/2000

Although the insurer is an interested person under Rule 24(1) and s.43(1) imposes liability on the insurer, the court exercised its discretion to refuse joinder because the application was motivated by the respondent's private contractual dispute with the insurer over repudiation and joinder would not assist resolution of the applicants' compensation claim; the applicants retain the right to enforce any award against the insurer separately and disputes between insurer and insured can be resolved by arbitration or separate litigation.
29 Jan 1999

Bruce Porter Baron v. Hartford Fire Insurance Co. And Others

Citation

Bruce Porter Baron v. Hartford Fire Insurance Co. And Others
Court

Court of Appeal
Case number

CACV11/1999

The Court dismissed the plaintiff's appeal because the plaintiff failed to prove on the balance of probabilities that the 2nd defendant alone was responsible for the false statements on the proposal form, and failed to establish that the insurers had actual knowledge of the deceased's medical condition from the inquest such that they had affirmed the policy; consequently the trial judge's findings and dismissal of the plaintiff's claims were upheld.
1 Dec 1994

EURO-AMERICA INSURANCE LIMITED v. WONG WING TAK trading as LOI KEE MARINE STORE

Citation

EURO-AMERICA INSURANCE LIMITED v. WONG WING TAK trading as LOI KEE MARINE STORE
Court

Court of First Instance
Case number

HCMP2821/1993

Applying the 'real prospect of success' test, the court found the broker was agent of the insured not the insurer, no written notice was given to the insurer, and no clear unequivocal waiver or estoppel arose from the meetings or correspondence; therefore the defendant's application to set aside the default judgment failed.