LEE BOON SIONG GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BERHAD (No. Syarikat : 93745-A)

LEE BOON SIONG GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BERHAD (No. Syarikat : 93745-A)

The High Court affirmed the Sessions Court: deceased rode a motorcycle without a valid licence in breach of ss.26 and 90 Road Transport Act 1987; the policy exclusion for losses resulting from violation of law (Clause 5.7 of ILCABX Annexure U74) covers this conduct; accordingly the insurer was not liable to pay the accidental death benefit and the appeal was dismissed with costs.

Citation
JB-12ANCVC-5-09/2019 (Mahkamah Tinggi)
Parties
Applicant/plaintiff: Lee Boon Siong; Respondent/defendant: Great Eastern Life Assurance (Malaysia) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 August 2020
Case Number
JB-12ANCVC-5-09/2019 (Mahkamah Tinggi)
Procedural Posture
High Court Civil Appeal From Sessions Court / Judgment on Appeal (dismissed)
Outcome
Appeal dismissed; decision of the Learned Sessions Court Judge affirmed; costs awarded to Respondent.
Legal Topics
Accidental Death Benefit, Insurance Policy Exclusion Clauses, Driving Without Licence, Ex Turpi Causa (illegality Defence), Interpretation of Statutes and Contracts, Third Party Insurance Coverage
Source Language
Malay/English
Insurance Law Road Transport Law Contract Law Tort Law Statutory Interpretation Accidental Death Benefit Insurance Policy Exclusion Clauses Driving Without Licence +3 more

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Parties

Lee Boon Siong

Applicant/plaintiff

Great Eastern Life Assurance (Malaysia) Berhad

Respondent/defendant

Procedural Posture

High Court Civil Appeal From Sessions Court / Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether a person riding a motorcycle without a valid driving/riding licence has the right to be on the road and hence entitlement to legal protection/insurance cover
  2. 2 Whether the deceased falls within the exclusion clause of the insurance policy (ILCABX Annexure U74 Clause 5.7) such that accidental death benefit is not payable

Ratio Decidendi

The High Court affirmed the Sessions Court: deceased rode a motorcycle without a valid licence in breach of ss.26 and 90 Road Transport Act 1987; the policy exclusion for losses resulting from violation of law (Clause 5.7 of ILCABX Annexure U74) covers this conduct; accordingly the insurer was not liable to pay the accidental death benefit and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed; decision of the Learned Sessions Court Judge affirmed; costs awarded to Respondent.

Orders

  • Appeal dismissed
  • Decision of Learned Sessions Court Judge affirmed