Asia Insurance Briefing

Mondaq Business BriefingHong Kong Law Articles in English (2003)

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Asia Insurance Briefing

Article by Gareth Thomas and Tommy Tong

'Moral Hazard'

Brotherton v Aseguradora Colseguros

(Transcript 22nd May 2003, Court of Appeal (Eng))

Arising from the judgment of Colman J. in Strive Shipping Corp. v Hellenic Mutual War Risks Association (The 'Grecia Express') [2002] EWHC 203, there has been much debate about the extent to which an insured can mitigate his failure prior to the inception of an insurance policy to disclose allegations of misconduct by demonstrating later that the allegations were false. That debate may have been laid to rest by the Judgment of the ...

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