Marine insurance: disclosure, construction and brokers

In Hua Tyan Development Ltd v Zurich Insurance Co Ltd [2012] HKCU 1632 Chung J considered a range of issues arising out of a marine policy placed through a broker acting under a binding authority. The case is of interest for the court’s approach to policy interpretation, the duty of utmost good faith and the duties of a broker towards the assured when the broker is at the same time acting as the agent of the insurers for the acceptance of risks under a binder.

Hua Tyan : the facts