A couple of important cases dealing with agency issues relevant
to the insurance industry have recently passed through the Hong
Kong courts. Both cases are worthy of comment. The first case
considered in this article appears to have passed with relatively
little comment (apart from, for example, the lawyers involved); it
examines the relationship between an insurance company and its
agent.
In contrast, the second case considered in this article has
received much interest in the insurance industry; it considers
(among other things) the nature of the relationship between an
insurer, insurance broker and insured. In challenging market
conditions, the outcome in both cases will be welcomed by insurers.
In this article, we briefly examine both cases and highlight some
practical issues.
