Liability insurance: third-party claim for bad faith

It is settled law in England that a person seeking to rely upon an insurance policy to which he is not a party is nevertheless bound by the terms of the policy, including any arbitration clause. The point has arisen in an unusual context in Hong Kong, in AIG Insurance Hong Kong Ltd v McCullough [2019] HKCFI 1649, in which English principles were applied. The decision was handed down by Sir William Blair, retired Commercial Court judge and sitting as a Deputy High Court Judge of the Hong Kong Court of First Instance.

McCullough :the facts