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Results: 1-10 of 18

Fraud exception in incontestability clause of life insurance policy upheld

  • Mayer Brown LLP
  • -
  • Hong Kong
  • -
  • 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

Insurers not entitled to reject blanket notification McManus & Others v. European Risk Insurance Co 2013 EWHC 18 (Ch)

  • Mayer Brown JSM
  • -
  • United Kingdom
  • -
  • January 10 2014

The English Courts have held that insurers are not entitled to reject a blanket notification filed by an insured. The Court ruled that a notification

Third party rights against insurers and the Bridgecorp decision do Hong Kong insurers need to be concerned?

  • Mayer Brown JSM
  • -
  • Hong Kong, United Kingdom
  • -
  • March 7 2014

The Third Party (Rights Against Insurers) Ordinance Cap 273 (TPRAI) in Hong Kong allows third parties to claim against the wrongdoer's liability

When reinsurance may not be "back to back" - Wasa v Lexington

  • Mayer Brown LLP
  • -
  • 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

The end of self-regulation? Proposals to establish an independent insurance authority

  • Mayer Brown LLP
  • -
  • Hong Kong
  • -
  • July 14 2010

The Financial Services and the Treasury Bureau is proposing the establishment of an independent insurance authority to strengthen regulation of the industry

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
  • -
  • Hong Kong
  • -
  • 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
  • -
  • Hong Kong
  • -
  • 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
  • -
  • Hong Kong
  • -
  • 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
  • -
  • Hong Kong
  • -
  • 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
  • -
  • Hong Kong
  • -
  • 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