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The warranties in your marine insurance policy may no longer matter

  • Piper Alderman
  • -
  • Australia, Canada, Hong Kong, United Kingdom
  • -
  • May 10 2012

Marine insurers often ask their insureds to warrant certain things are true before issuing a policy

Disclosure of insurance brokerage commission

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • September 7 2012

In a landmark case earlier this year, the Hong Kong Court of First Instance decided that commissions received by an insurance broker from an insurer do not constitute illegal secret profits provided that they do not exceed what is normally paid in the insurance market

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

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

Breach of warranty in Hong Kong: in theory and in practice - Leung Yuet Ping v Manulife

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • September 3 2009

Where an insured fails to provide his insurer with accurate information at the time of taking out an insurance policy, Hong Kong law provides the insurer with a number of potential remedies, including the right to avoid the contract, and possibly to claim damages, for misrepresentation

Landmark decision on disclosure of Insurance Brokerage Commission

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • January 30 2012

Over the years, there has been much debate that the practice of the insurance market in allowing an insurance broker (acting as the agent of the assured) to receive commission from the insurer may contravene the equitable principle that an agent cannot make a profit from his office without disclosing the profit to his principal (the assured

Transfer of long-term business and the court's role

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • April 18 2013

This case concerned a petition presented jointly by AXA (Hong Kong) Life Insurance Company Limited (AXA (HK)) and AXA China Region Insurance Company

Terminating contracts with insurance agents

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • January 14 2010

In the recent case of Leung Chee Kuen Carol Macrady v American International Assurance Co (Bermuda) Ltd 2009 HKEC 1826, the court was asked to consider whether the insurance company AIA had wrongfully terminated its relationship with the plaintiff

The effect of an arbitration agreement in an insurance policy

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • March 30 2010

The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2009 HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy

General Counsel Update

  • Herbert Smith Freehills LLP
  • -
  • China, European Union, Hong Kong, Indonesia, Singapore, United Kingdom
  • -
  • December 7 2011

This is the twenty-seventh in our series of General Counsel Updates which aim to summarise major developments in key areas

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