1. Allianz General Insurance Company (Malaysia) Berhad (No. Syarikat: 735426-V) 2. Fuji Electric (Malaysia) Sdn Bhd (No. Syarikat: 376226-A) 1. Fuji Logistics (M) Sdn Bhd (No. Syarikat: 422208-X) 2. STE Trucking Services Sdn Bhd (No. Syarik

1. Allianz General Insurance Company (Malaysia) Berhad (No. Syarikat: 735426-V) 2. Fuji Electric (Malaysia) Sdn Bhd (No. Syarikat: 376226-A) 1. Fuji Logistics (M) Sdn Bhd (No. Syarikat: 422208-X) 2. STE Trucking Services Sdn Bhd (No. Syarik

The statement of claim pleads the necessary ingredients of a subrogation action (existence of policy, indemnification, insured's cause pleaded and insurer suing in insurer's and insured's names); therefore Allianz has a reasonable cause of action and locus to sue, and the strike out applications failed because the waiver issue is a contractual matter between Fuji Electric and the defendants and does not defeat Allianz's subrogation right.

Citation
PA-22NCvC-127-08/2020 (Mahkamah Tinggi)
Parties
1st Plaintiff: Allianz General Insurance Company (Malaysia) Berhad; 2nd Plaintiff: Fuji Electric (Malaysia) Sdn Bhd; 1st Defendant: Fuji Logistics (M) Sdn Bhd; 2nd Defendant: STE Trucking Services Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 October 2021
Case Number
PA-22NCvC-127-08/2020 (Mahkamah Tinggi)
Procedural Posture
Subrogation Action Arising From Insurance Indemnity and Negligence / Application to Strike Out Under Order 18 Rule 19(1) (enclosures 16,17,20,22)
Outcome
All four strike out applications dismissed
Legal Topics
Subrogation, Strike Out (order 18 R.19(1)), Waiver of Subrogation, Negligence, Abuse of Process
Source Language
Malay/English
Insurance Law Civil Procedure Tort Law Contract Law Subrogation Strike Out (order 18 R.19(1)) Waiver of Subrogation Negligence +1 more

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Parties

Allianz General Insurance Company (Malaysia) Berhad

1st Plaintiff

Fuji Electric (Malaysia) Sdn Bhd

2nd Plaintiff

Fuji Logistics (M) Sdn Bhd

1st Defendant

STE Trucking Services Sdn Bhd

2nd Defendant

Procedural Posture

Subrogation Action Arising From Insurance Indemnity and Negligence / Application to Strike Out Under Order 18 Rule 19(1) (enclosures 16,17,20,22)

Legal Issues

  1. 1 Whether insurer has locus standi/reasonable cause of action to sue in subrogation
  2. 2 Whether the statement of claim discloses a reasonable cause of action under O.18 r.19(1)(a)
  3. 3 Whether the action is frivolous, vexatious or an abuse of process under O.18 r.19(1)(b),(d)

Ratio Decidendi

The statement of claim pleads the necessary ingredients of a subrogation action (existence of policy, indemnification, insured's cause pleaded and insurer suing in insurer's and insured's names); therefore Allianz has a reasonable cause of action and locus to sue, and the strike out applications failed because the waiver issue is a contractual matter between Fuji Electric and the defendants and does not defeat Allianz's subrogation right.

Court Disposition

All four strike out applications dismissed

Orders

  • Enclosure 16 dismissed
  • Enclosure 17 dismissed