Etika Takaful Berhad Suchiati binti Adzim [ Harta Pusaka] Mohamad Rahim bin Md Salleh (yang meninggal dunia pada 9-92012)

Etika Takaful Berhad Suchiati binti Adzim [ Harta Pusaka] Mohamad Rahim bin Md Salleh (yang meninggal dunia pada 9-92012)

The MRTT application was subject to the insurer's underwriting approval; the insurer issued a valid counter-offer requiring additional premium which was not accepted by the deceased; loan disbursement does not create MRTT coverage where insurer's conditions were unmet; consequently there was no MRTT coverage for RM912,588 and any later payment was a goodwill act.

Citation
JA-12BNCVC-25-10/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Etiqa Takaful Berhad; Respondent/plaintiff (administrator of Estate): Suchiati binti Adzim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 March 2020
Case Number
JA-12BNCVC-25-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (high Court) / Judgment on Appeal
Outcome
Defendant's appeal allowed
Legal Topics
Mortgage Reducing Term Takaful (mrtt), Offer and Acceptance, Counter Offer, Insurance Underwriting, Effect of Loan Disbursement on Coverage, Goodwill Payment
Source Language
Malay/English
Contract Law Insurance/takaful Law Banking Law Civil Procedure Estate Administration Mortgage Reducing Term Takaful (mrtt) Offer and Acceptance Counter Offer +3 more

Case Brief

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Parties

Etiqa Takaful Berhad

Appellant/defendant

Suchiati binti Adzim

Respondent/plaintiff (administrator of Estate)

Procedural Posture

Civil Appeal (high Court) / Judgment on Appeal

Legal Issues

  1. 1 Whether MRTT coverage existed for the loan amount of RM912,588
  2. 2 Effect and reception of Defendant's counter-offer dated 5-8-2011
  3. 3 Whether MRTT coverage takes effect automatically upon loan disbursement

Ratio Decidendi

The MRTT application was subject to the insurer's underwriting approval; the insurer issued a valid counter-offer requiring additional premium which was not accepted by the deceased; loan disbursement does not create MRTT coverage where insurer's conditions were unmet; consequently there was no MRTT coverage for RM912,588 and any later payment was a goodwill act.

Court Disposition

Defendant's appeal allowed

Orders

  • Defendant's appeal allowed
  • Sessions Court judgment set aside