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ARTICLE · 02 NOVEMBER 2014

Marine Insurance Warranty Upheld

Mayer Brown
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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.

Hong KongInsurance
Tow Lu Lim
Tow Lu Lim
Bill Amos
Bill Amos
Jenny Yu
Jenny Yu
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Keywords: marine insurance, Hong Kong

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 [2014] 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.

Background

The marine insurance policy concerned a cargo of logs to be carried from Malaysia to China. The policy named the actual carrying vessel, the m.v. "HO FENG NO.7", and included a condition as follows: "Warranted year built of the vessel not over 30 years. Warranted deadweight not less than 10,000 MT." This "Deadweight Warranty" was the provision at

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