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ARTICLE · 24 SEPTEMBER 2013

Is A Cover Note A Formal Insurance Policy?

Mayer Brown
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The Court of Appeal in China Ping An Insurance Company Limited v. Tsang Fung Yin Josephine and Mohammad Taj found that the terms and conditions in a third party motor insurance policy had been incorporated into the interim contract of insurance covering the time of accident, notwithstanding the formal policy had not been delivered to the insured.

Hong KongInsurance
Tow Lu Lim
Tow Lu Lim
Marina Fung
Marina Fung
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Keywords: cover note, formal insurance policy, motor insurance

The Court of Appeal in China Ping An Insurance (Hong Kong) Company Limited v. Tsang Fung Yin Josephine and Mohammad Taj (CACV 179/2012) found that the terms and conditions in a third party motor insurance policy had been incorporated into the interim contract of insurance covering the time of accident (the cover note), notwithstanding the formal policy had not been delivered to the insured. In this case, Tsang was held to have breached her contractual duty to notify the insurer of the accident pursuant to the terms of the Policy.

The decision reaffirms the legal position that where the terms and conditions contained in the formal insurance policy are expressly referred to in the cover note and the wording is sufficiently clear, the insured would be bound by the terms and conditions contained in the formal policy even though the formal policy has not yet been delivered.

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