The Insurance Authority (IA) of Hong Kong has responded to inquiries regarding the impact of the recent anti-mask law on the validity of insurance policies
In a statement posted on its website, the IA said that the Prohibition of Face Covering Regulation under the Emergency Regulations Ordinance (Cap. 241), which came into force last week, does not “override or alter the terms and conditions of any insurance policy, or in any way interfere with the rights and obligations of the insurer and its policyholders under any insurance policy.”
According to the regulator, this is because an insurance policy is a private contract between the insurer and the policyholder.
The prohibition on face coverings was implemented by the Hong Kong government in response to the long-running protest actions in the city. As of October 08, at least 77 people had been arrested for violating the ordinance, a report by the South China Morning Post said.
“The question of whether a loss is covered under an insurance policy is determined in accordance with the terms, conditions and exclusions stated in the policy and the particular factual circumstances of the loss,” the IA said. “The terms and conditions of some insurance policies will provide coverage for loss arising from strike, riot and civil commotion, while others will specifically exclude it. Policyholders are advised to refer to the terms, conditions and exclusions stated in the particular insurance policy and the factual circumstances of the loss.”
Furthermore, the regulator also advised policyholders to contact their insurers or insurance intermediaries to clarify any inquiries regarding the terms and conditions of the contracts.
