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Results: 1-10 of 22

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


Reduced limitation period in insurance policy enforceable
  • Mayer Brown JSM
  • Hong Kong
  • January 29 2015

In the recent case of Possehl Electronics Hong Kong Limited v. China Taiping Insurance (HK) Co. Ltd, (CACV 92014), the plaintiff appealed against


Guarding against the creation of statutory trusts when assigning life insurance policies as collateral
  • Mayer Brown JSM
  • Hong Kong
  • June 10 2015

Section 13 of the Married Persons Status Ordinance Cap 182 (MPSO) of Hong Kong creates a statutory trust in favour of beneficiaries who are the


When does an insurance intermediary need to disclose commissions? Judgment from UK Supreme Court may provide some guidance
  • Mayer Brown JSM
  • United Kingdom
  • May 20 2015

In the UK Supreme Court's judgment of Plevin v. Paragon Personal Finance Limited UKSC 61, it was held that the failure to disclose a commission of 71


Establishment of a new Independent Insurance Authority in Hong Kong consultation conclusions
  • Mayer Brown JSM
  • Hong Kong
  • January 13 2014

In the near future, Hong Kong will have a new insurance regulator which is financially and operationally independent from the government - the


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


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


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


The New Companies Ordinance: implications for Directors & Officers Liability Insurance
  • Mayer Brown JSM
  • Hong Kong
  • February 26 2014

With the new Companies Ordinance coming into force next month, what are the considerations for companies and directors when taking out Directors &


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