The Office of the Commissioner of Insurance and the China Insurance Regulatory Commission recently signed an agreement to conduct an equivalence assessment on the insurance solvency regulatory regimes of Hong Kong and mainland China, as well as to implement procedures and transitional arrangements to increase cooperation between the two insurance regulatory bodies.
The Hong Kong Financial Services Development Council recently released a report entitled Turning Crisis into Opportunities: Hong Kong as an Insurance Hub with Development Focuses on Reinsurance, Marine and Captive. Pointing out that Hong Kong is facing stiff competition from regional competitors, the report identifies opportunities to strengthen Hong Kong's position in the reinsurance and insurance industry.
Hong Kong's largest health insurer, AIA, recently issued letters to doctors in private practice advising them that it is clarifying the policy wording for 'medically necessary' procedures. In an attempt to avoid reimbursing what it regards as 'excessive health procedures' at private hospitals, AIA is proposing that only seven significant comorbidity and five acute conditions be recommended for inpatient care.
The proposed new Apology Bill encourages apologies in disputes by removing legal disincentives to apologising (making an apology inadmissible in lawsuits and ensuring that insurance coverage is not affected), with the aim of promoting the settlement and resolution of disputes and reducing litigation. There are clear advantages for insurers in the enactment of this legislation, as they will not need to be concerned with expressions of regret prejudicing the defence of a claim.
Although the new Independent Insurance Authority is expected to become operational at the end of 2016, changes to insurance industry regulation are already underway. The Office of the Commissioner of Insurance recently issued the revised Guidance Note on the Corporate Governance of Authorised Insurers, which aims to enhance the integrity of Hong Kong's insurance industry by providing guidance to insurers for the evaluation and establishment of their internal practices and procedures.
The China Insurance Regulatory Commission (CIRC) recently issued a public statement regarding the purchase of Hong Kong insurance policies by mainland customers. The CIRC warned mainland purchasers of the legal, financial and policy risks of buying Hong Kong insurance products. So what does this mean for Hong Kong's insurance regulators and insurers?
Following the deadliest hot air ballooning disaster in history, the coroner recently provided recommendations to the Travel Industry Council. Insurers selling travel insurance policies will need to abreast of any new regulations, to ensure that those who purchase travel insurance understand the extent of their coverage, particularly concerning potentially risky activities.
The Hong Kong District Court recently addressed the issue of whether money to be paid out to a beneficiary under a life insurance policy is considered to be held on trust by the administrators of the deceased's estate. The District Court determined that money to be paid out to the spouse or child under the deceased's life insurance policy is deemed a statutory trust under the Married Persons Status Ordinance.
The Court of Final Appeal recently handed down a decision concerning the duty of care owed by insurance agents (who represent or work exclusively for an insurer, advising or arranging contracts of insurance) to their technical representatives (who provide advice to an insured or potential insured, or arrange contracts of insurance on behalf of insurance agents) in respect of compliance with the industry's reporting regulations.
The recent riots in Mong Kok raise questions for insurance policyholders claiming property damage and consequential loss resulting from a riot or similar circumstances. Although Hong Kong continues to remain an open, safe and free economy, businesses and commercial property landlords may want to re-evaluate their insurance and consider adding property all-risks insurance and business interruption insurance.
The Hong Kong Court of First Instance recently issued a decision concerning the interpretation of insurance agency contracts. The case related to a clawback provision in an agent's employment contract, which entitled the employer to a refund of extra inducement payments if the employee failed to fulfil the conditions required for remuneration of the payments.
The Hong Kong police recently conducted a sting operation and raid on the Hong Kong corporate office of US international transportation network company Uber. The crux of the issue is whether Uber discharged its duty to disclose that its vehicles were potentially licensed incorrectly or not at all in accordance with the Road Traffic Ordinance. This update examines an insurer's options should this be the case.
The Insurance Companies (Amendment) Bill 2014 was recently passed by the Hong Kong Legislative Council. The accompanying Insurance Companies (Amendment) Ordinance 2015 provides for, among other things, the establishment of the Independent Insurance Authority and a statutory licensing regime for insurance intermediaries to replace the existing self-regulatory system.
The Insurance Companies (Amendment) Bill 2014 proposes to amend the Insurance Companies Ordinance and establish the Independent Insurance Authority (IIA). In focusing on the wide array of powers and offences created by the bill, the IIA means business – the business of better protection for policyholders, robust regulation of insurers and insurance intermediaries and severe consequences for non-compliance.
The Financial Services and Treasury Bureau, the Hong Kong Monetary Authority, the Securities and Futures Commission and the Insurance Authority have jointly published an initial and second consultation paper on establishing an effective resolution regime for financial institutions – including insurers – in Hong Kong.
In September 2014 the Insurance Authority launched a consultation on the development of a proposed risk-based capital framework for the insurance industry, which seeks to align Hong Kong's regime with international requirements and make capital requirements more sensitive to the levels of risk borne by insurance companies. The proposed framework comprises quantitative aspects, qualitative aspects and disclosure requirements.
The Court of Final Appeal has upheld the Court of Appeal's ruling in Hua Tyan Development Ltd v Zurich Insurance Co Ltd. The court decided in favour of the insurer in respect of a claim arising from the insured's breach of warranty under a marine insurance contract. According to the ruling, insurers are not obliged to perform due diligence to discover facts about the insured just because those facts are in the public domain.
The Hong Kong Court of Appeal has overturned a lower court's decision in Dah Sing Insurance Services Ltd v Singh. The district court had ruled in favour of an insurance agent in respect of a negligence claim arising from a breach of statutory duty by the insurer. The appeal court held that the insurance agent had no cause of action for negligence against the insurer.
Notwithstanding the relatively slow development of captive insurance in Asia, more enterprises in the region have begun to turn to captive insurance to manage risks as their businesses become more sophisticated. The recently passed Inland Revenue (Amendment) (No 3) Bill reflects the government's determination to promote Hong Kong as a captive insurance hub.
The Insurance Companies (Amendment) Bill, which proposes the establishment of the Independent Insurance Authority (IIA), was recently published. Passage of the bill will align Hong Kong with other countries that have already established similar insurance regulators that are independent of the government. The IIA should ultimately regulate the industry more effectively and offer better protection to policyholders.