KALIAMMA A/P SINNASAMY [NRIC No.: 790308-01-5428] AIA BERHAD [COMPANY No: 790895-D]

KALIAMMA A/P SINNASAMY [NRIC No.: 790308-01-5428] AIA BERHAD [COMPANY No: 790895-D]

The trial judge’s factual findings that the deceased was diagnosed with iron deficiency anaemia, had knowledge of the condition during the 2012 hospitalisation and willfully failed to disclose the hospitalisation and medical condition on the insurance application were supported by medical records and witness evidence and were not plainly wrong; therefore the insurer was entitled to repudiate both policies and the appeal was dismissed.

Citation
JA-12BNCVC-07-08/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Kaliamma a/p Sinnasamy; Respondent/defendant: AIA Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 October 2021
Case Number
JA-12BNCVC-07-08/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (insurance Claim) / Appeal After Full Trial and Judgment
Outcome
Appeal dismissed
Legal Topics
Non Disclosure of Material Facts, Misrepresentation, Policy Repudiation, Burden of Proof, Pleading Requirements
Source Language
Malay/English
Insurance Law Contract Law Evidence Law Civil Procedure Non Disclosure of Material Facts Misrepresentation Policy Repudiation Burden of Proof +1 more

Case Brief

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Parties

Kaliamma a/p Sinnasamy

Appellant/plaintiff

AIA Berhad

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court (insurance Claim) / Appeal After Full Trial and Judgment

Legal Issues

  1. 1 Whether the deceased was diagnosed with a blood disorder (iron deficiency anaemia) and hospitalised in 2012
  2. 2 Whether the deceased had knowledge of that diagnosis prior to signing the insurance applications
  3. 3 Whether the deceased’s failure to disclose amounted to misrepresentation/non-disclosure permitting the insurer to repudiate the policies

Ratio Decidendi

The trial judge’s factual findings that the deceased was diagnosed with iron deficiency anaemia, had knowledge of the condition during the 2012 hospitalisation and willfully failed to disclose the hospitalisation and medical condition on the insurance application were supported by medical records and witness evidence and were not plainly wrong; therefore the insurer was entitled to repudiate both policies and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to respondent in the sum of RM3,000.00 subject to allocatur fees