Profil complet
A leading individual for contentious insurance work, Gloria is described by Chambers and Legal 500 as someone who “offers a proper understanding of each case, great communication skills, and good analysis and direction”, is “frank and factual” and who is “capable to analyse situations in-depth”. Another client remarked: “Gloria is a very experienced and dedicated partner. She can always grasp the situations and the necessary steps to achieve the best outcome possible. We can always rely on Gloria for any questions or difficulties that we may have in Hong Kong.”
Gloria advises clients on dispute resolution and insurance issues. She has extensive experience in advising international and local insurers, P&I clubs and airlines on various liability claims involving personal injury, employee compensation, public liability, professional indemnity, motor liability, product liability, property all risk, contractors all risk, life and health insurance, and medical negligence. She also has significant experience in advising insurers on policy coverage, policy wording, policy disputes and claims for contribution/indemnity amongst insurers.
Gloria has advised a number of leading life insurance companies on various legal and regulatory issues, claims matters, policy wording, contractual matters and investigations involving life insurance agents. She has also advised brokers on regulatory investigations and contractual matters.
Gloria has significant experience in educators' liability. She has acted for many years as coverage counsel for a block Incorporated Management Committee Liability Insurance policy taken out by the Education Bureau of the Hong Kong SAR Government for over 800 aided schools with regard to educators' liability. She has also defended various school management committees (private, international and aided schools) on educators' liability claims including employment, personal data, defamation, discrimination and other matters.
Expérience
- Lam Charn Yung v AXA China Region Insurance Co (Bermuda) Ltd (2007) - successfully defended a claim by a life insurance policyholder on the ground of material non-disclosure. This has become a leading case in Hong Kong on repudiation of policy liability on the ground of material non-disclosure.
- Si Wing Yi Sibly v Berton Industrial Ltd (2013) – successfully dismissed an Employees’ Compensation claim in the Court of Final Appeal in Hong Kong on the basis that the death of an employee who died of an unknown cause in the course of work did not arise out of employment. This has become a leading case in Hong Kong on the issue of whether an accident arose out of employment.
- JSI Logistics (Hong Kong) Limited v Poon Chi Yan (2018) – Successfully defended the employee compensation claims by a technician who alleged that he met with 3 separate accidents while at work. The court dismissed all the claims, awarded the employer costs on an indemnity basis and ordered the case be followed up by the Director of Public Prosecutions for fraud. This has become a significant precedent case.
- Malaysian Airlines v Joshua Ong (2007) – successfully dismissed in the Court of Appeal the Plaintiff’s personal injury claim against Malaysian Airlines. The case involved the issue of jurisdiction and the applicability of the Amended Warsaw Convention.
- Jerry Chen v Whirlpool (Hong Kong) Ltd (2007) - successfully defended a multi-million dollars personal injury claim against Whirlpool (Hong Kong) Ltd by its ex-Commercial Director who was injured while working in Beijing. The case involved the issue of employer’s duty of care, agency and vicarious liability. The Plaintiff’s appeal was dismissed by the Court of Final Appeal.
- Kam Wai Ming v MTR Corp Ltd & CNIM - Hong Kong Ltd (2003) - successfully defended MTRC's escalator maintenance contractor CNIM against a claim by a passenger who fell from an escalator when it suddenly stopped. This has become the leading precedent case in Hong Kong in defending lift/escalator companies.
- HKSAR v Powerkontrol Australia Ltd. (2003) - successfully defended a Labour Department prosecution against Powerkontrol involving a serious explosion in an electricity circuit room in a TVB studio. The defence involved complicated technical understanding of the working of electricity circuit room.
- Advising an international insurer in several High Court actions taken out by a number of insureds against the insurer relating to loss caused by fraudulent acts of an insurance agent; advising the insurer on its recovery action against the insurance agent; advising on issues of ostensible authority and money had and received.
- Advising life and general insurers on various fraudulent claims by insureds and successfully rejected the claims.
- Advising a leading insurance company (life and non-life) on a retainer on various legal, insurance and compliance issues including material non-disclosure, mistake and misrepresentation, racial discrimination, coverage under fidelity bond and professional liability policy relating to insurance agents, comparative advertising, surrender request, claim by agents against an insurer, validity of letters of administration, licensing issues, data privacy and fraud committed by policy applicants.
- Successfully defended MTRC in a Labour Department prosecution involving a railtrack accident.
- Advising on various investigations and prosecutions by Police, Immigration Department, Customs & Excise Department and other government departments on a wide range of issues.
- Advising on various medical negligence claims involving multi-parties.
- Recovery of assets involving internet fraud.
