YONG SHENG GOLDSMITH PTE LTD V LIBERTY INSURANCE PTE LTD

[2011] SGHC 156, High Court of Singapore, Fong Mian Yi Seraphina AR, 24 June 2011

Insurance (jeweller's block policy) - Agency - Whether knowledge imputed to agent

The claimant was insured by Liberty under a jeweller's block policy in respect of various risks, including armed robbery, to a policy limit of S$3 million. There was an armed robbery, but Liberty sought to avoid the policy on the ground that the claimant had failed to disclose that the premises had been the subject of loan shark harassment on a number of occasions prior to the inception of the policy. The claimant asserted that the information had been disclosed to Liberty's agent, J, who had negotiated the policy and handled renewals. The court found that J was indeed the agent of Liberty, even though he had acted for other insurers and was not identified in the policy as the broker. J was a registered Liberty agent and had been issued with a name card by Liberty. Given that finding, J's knowledge was to be imputed to Liberty, following Ayrey v British Legal and United Provident Assurance Co Ltd [1918] 1 KB 137. However, the court refused summary judgment to the claimant given that there were issues to be tried on discrepancies in the various proposal forms.