23 Dec 2011
HANG FUNG JEWELLERY & GOLDSMITH LTD v. WURTTEMBERGISCHE VERSICHERUNG AG AND OTHERS
- Citation
- HANG FUNG JEWELLERY & GOLDSMITH LTD v. WURTTEMBERGISCHE VERSICHERUNG AG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2009/2005
The court found the armed robbery did occur and the plaintiff's witness credible; applied the recklessness standard to the policy's 'full and effective operation' and 'appropriate times' language and held plaintiff did not act recklessly by not using duress switches/time-locks, by having mechanical push buttons operative, by the CCTV not being switched on or by briefly leaving a safe open; CCTV was evidential only and not part of 'protections'; out-of-court statements could not be used to displace oral testimony; the insurer failed to prove a misstatement about consignment stock; accordingly…