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Fraud exception in incontestability clause of life insurance policy upheld
- Mayer Brown LLP
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- Hong Kong
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- July 4 2012
The Court of First Instance held in Ma Kim Ying v Manulife (International) Limited (HCA 19892008) that the incontestability clause was not applicable because of fraudulent misrepresentations by the life insured in the proposal form
Is Hong Kong ready for class actions?
- Mayer Brown LLP
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- Hong Kong
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- May 30 2012
On 28 May 2012, the Law Reform Commission of Hong Kong ("LRC") issued a report recommending the introduction of a class action regime in Hong Kong
When reinsurance may not be "back to back" - Wasa v Lexington
- Mayer Brown LLP
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- USA
- -
- October 19 2009
Lexington issued an "All Risks Difference in Conditions" Property Damage Insurance Policy (the "Policy") to the Aluminium Company of America ("ALCOA") for the period 1 July 1977 to 1 July 1980
Ignore pre-action letters at your peril
- Mayer Brown LLP
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- Hong Kong
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- January 25 2010
The ruling in Wong Shui Lam v. Hospital Authority (HCPI 1512009) sends a message that failure by the defendant to respond to a claimant's pre-action letters may result in adverse costs orders on an indemnity basis
Clear-cut tests preferred in the interpretation of policy terms - New World Harbourview Hotel Company Limited & ors v. Ace Insurance Limited & ors
- Mayer Brown LLP
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- Hong Kong
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- May 11 2010
In a recent decision, the Court was invited to give directions on a number of issues in dispute between the insureds and their insurers, with respect to the interpretation of terms concerning business interruption losses under two Composite Mercantile Policies
Lessons from the CJR - sanctioned offer in practice
- Mayer Brown LLP
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- Hong Kong
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- May 14 2010
The recent decision in Fung Wing Yee (a minor) v. Chen Jung Chien demonstrates how the Court applies the new rules on sanctioned offer and awards enhanced costs and interests to the Plaintiff, who had done better at trial than her sanctioned offer to the Defendant
An independent contractor is not a shield to liability!
- Mayer Brown LLP
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- Hong Kong
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- March 14 2011
The Court of Final Appeal (CFA) decided in Luen Hing Fat Coating & Finishing Factory Limited v. Waan Chuen Ming (FACV 192009) that an occupier can be liable for injury caused by an independent contractor to the contractor's own employees, even if the contractor is apparently competent
Court of Final Appeal to consider interpretation of business interruption coverage for New World Harbourview Hotel
- Mayer Brown LLP
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- Hong Kong
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- August 30 2011
Following the Court of Appeal decision to uphold the the interpretation of terms concerning business interruption losses under two Composite Mercantile Policies adopted by Reyes J., leave has been granted by the Court of Final Appeal on 26 August 2011 to hear this case, in particular, on the following point of law
Failure by insurer to report termination of agent's appointment results in breach of duty
- Mayer Brown LLP
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- Hong Kong
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- October 8 2012
In Dah Sing Insurance Service Ltd v Singh 2012 HKDC 575, the District Court found that Dah Sing breached its statutory duty and duty of care to its insurance agent for failing to report the termination of his appointment and his CPD credits
Current Search
- Firm Name - Mayer Brown LLP
- Author - Tow Lu Lim
- Workarea - Litigation