Marine Insurance Warranty Upheld
29 October 2014
Mayer Brown JSM Legal Update
A marine insurance dispute that ascends to Hong Kong's Court of Final Appeal is both a rarity and a matter of international legal interest, given that Hong Kong's statute is in identical terms to the UK's seminal Marine Insurance Act 1906. The case in question, Hua Tyan Development Limited v. Zurich Insurance Co Limited  HKEC 1489, concerned the interpretation of a warranty given by the assured, and the impact of matters within the insurer's presumed or constructive knowledge. Before considering the legal issues involved, a brief summary of the facts is essential.