1. ADISSAYAM @ XAVIER A/L SUSEIMANIKAM [NRIC No. 480201-08-5123] [suing as the Executor of the estate of BAGETIAMAH A/P RAYAPPAN, the Deceased] 2. MANI PETER XAVIER [NRIC No. 711124-10-5949] GREAT EASTERN LIFE ASSURANCE (M) BERHAD [Company

1. ADISSAYAM @ XAVIER A/L SUSEIMANIKAM [NRIC No. 480201-08-5123] [suing as the Executor of the estate of BAGETIAMAH A/P RAYAPPAN, the Deceased] 2. MANI PETER XAVIER [NRIC No. 711124-10-5949] GREAT EASTERN LIFE ASSURANCE (M) BERHAD [Company

Plaintiffs failed to prove entitlement: the contract incorporated the company circulars making the prescribed Succession Nomination Form a binding precondition for statutory succession under the scheme; no valid nomination was given prior to death and the agency and GSM-SA terminated on death; the estate proved no...

Source-derived case information.

Citation
22NCC-259-07/2018 (Mahkamah Tinggi)
Parties
Plaintiff Executor of Estate of Bagetiamah A/p Rayappan: Adissayam @ Xavier A/L Suseimanikam; Plaintiff Son and Claimant for Agency Succession: Mani Peter Xavier; Defendant Insurer: Great Eastern Life Assurance (M) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 November 2020
Case Number
22NCC-259-07/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Contract, Insurance and Probate / Judgment (after Trial)
Outcome
Plaintiffs' claims dismissed (Agency claim and Estate claim dismissed)
Legal Topics
Agency Succession, Nomination Form, Deferred Benefits, Overriding Commission, Death Benefits, Termination on Death, Variation of Contract, Bad Faith/negligence
Contract Law Insurance Law Probate and Succession Tort (negligence) Agency Succession Nomination Form Deferred Benefits Overriding Commission +4 more

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Parties

Adissayam @ Xavier A/L Suseimanikam

Plaintiff Executor of Estate of Bagetiamah A/p Rayappan

Mani Peter Xavier

Plaintiff Son and Claimant for Agency Succession

Great Eastern Life Assurance (M) Berhad

Defendant Insurer

Procedural Posture

Civil Contract, Insurance and Probate / Judgment (after Trial)

Legal Issues

  1. 1 Whether the deceased validly nominated a successor and whether the agency should be transferred to the son
  2. 2 Whether contractual succession procedures (prescribed Succession Nomination Form and company circulars) are mandatory and were complied with
  3. 3 Whether the estate is entitled to alleged unpaid commissions, deferred benefits and other monetary entitlements after the agent’s death

Ratio Decidendi

Plaintiffs failed to prove entitlement: the contract incorporated the company circulars making the prescribed Succession Nomination Form a binding precondition for statutory succession under the scheme; no valid nomination was given prior to death and the agency and GSM-SA terminated on death; the estate proved no outstanding sums beyond amounts shown to have been paid. Therefore both the Agency claim and Estate claim are dismissed.

Court Disposition

Plaintiffs' claims dismissed (Agency claim and Estate claim dismissed)

Orders

  • Claims dismissed with costs of RM20,000.00 against the plaintiffs (subject to allocator)