9 May 1986
PHOENIX ASSURANCE PUBLIC LTD CO v. MADAM HO FUNG CHING
- Citation
- PHOENIX ASSURANCE PUBLIC LTD CO v. MADAM HO FUNG CHING
- Court
- Court of Appeal
- Case number
- CACV19/1986
The recovery clause in the policy does not entitle the insurer to recover sums paid pursuant to a voluntary settlement because the insurer was not "obliged by the law" to pay that sum; s.9 prevents reliance on statutory policy conditions against the injured third party but does not convert a voluntary settlement into a statutory obligation to pay; moreover the insurer's conduct in negotiating and settling without timely repudiation gave rise to estoppel/waiver, barring recovery. Consequently the insurer's claim against the insured fails and the appeal is dismissed.