Month: April, 2014

Update of the court’s role in sanctioning a transfer of insurance business

Introduction The December 2012 Update examined the role of the court in sanctioning a transfer of insurance business in Hong Kong. Subsequent to the October 2012 Judgement of the Court of First Instance in Re AXA (Hong Kong) Life Insurance Co. Ltd. [2012] HKCU 2197 , the transfer of insurance business from one insurer to […]

Hong Kong Court of Appeal’s ruling on ‘deadweight’ warranty and duty of disclosure

Introduction In Hua Tyan Development Limited v Zurich Insurance Company Limited [2012] HKCU 1632 the Court of First Instance decided in favour of the insured in respect of the duty of disclosure under an insurance policy. More than a year later, the Court of Appeal handed down a judgment [2013] HKCU 1858 that overturned the […]

“Perils of the Sea” and “Fraudulent Devices” – The DC Merwestone” [2013] EWHC 1666 (Comm)

The recent decision of Mr Justice Popplewell in Versloot Dredging BV v. HDI Gerling and others (The DC Merwestone) [2013] EWHC 1666 (Comm)) in the Commercial Court is of considerable significance to marine insurers and non-marine insurers alike, since it involves a detailed examination and hostile critique of the development and application of the concept […]