1. ) THERUMOORTHI A/L APPALANAIDU 2. ) ANJELAI DEVI A/P MANIAM 1. ) PUBLIC BANK BERHAD 2. ) AIA BERHAD

1. ) THERUMOORTHI A/L APPALANAIDU 2. ) ANJELAI DEVI A/P MANIAM 1. ) PUBLIC BANK BERHAD 2. ) AIA BERHAD

The 2nd health question is not confined to the 6 months period; the deceased knowingly or recklessly misrepresented material prior medical conditions by answering 'No'; those facts were material to underwriting and, because the policy was in effect for less than two years, AIA validly repudiated and cancelled the policy from inception under Schedule 9 FSA; the plaintiffs' suit is dismissed with costs RM10000 subject to allocatur.

Citation
WA-22NCC-528-07/2023 (Mahkamah Tinggi)
Parties
Plaintiff and Administrator for the Estate of Vishnu Murthy A/l Therumoorthi (deceased): Therumoorthi A/L Appalanaidu; Plaintiff: Anjelai Devi A/P Maniam; 1st Defendant: Public Bank Berhad; 2nd Defendant: AIA Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 July 2025
Case Number
WA-22NCC-528-07/2023 (Mahkamah Tinggi)
Procedural Posture
Writ Summons Civil Insurance Claim / Trial Judgment at First Instance (high Court)
Outcome
Suit dismissed against AIA Berhad; repudiation of policy upheld
Legal Topics
Misrepresentation, Utmost Good Faith (uberrima Fides), Duty of Disclosure, Repudiation of Policy, Financial Services Act 2013
Source Language
Malay/English
Insurance Law Contract Law Civil Procedure Misrepresentation Utmost Good Faith (uberrima Fides) Duty of Disclosure Repudiation of Policy Financial Services Act 2013

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Parties

Therumoorthi A/L Appalanaidu

Plaintiff and Administrator for the Estate of Vishnu Murthy A/l Therumoorthi (deceased)

Anjelai Devi A/P Maniam

Plaintiff

Public Bank Berhad

1st Defendant

AIA Berhad

2nd Defendant

Procedural Posture

Writ Summons Civil Insurance Claim / Trial Judgment at First Instance (high Court)

Legal Issues

  1. 1 Whether the 2nd health question in the application form is confined to the 6 months period
  2. 2 Whether the lender (Public Bank) owed any duty to advise the insured on the policy
  3. 3 Whether the insurer had a duty to require a medical examination for the insured sum

Ratio Decidendi

The 2nd health question is not confined to the 6 months period; the deceased knowingly or recklessly misrepresented material prior medical conditions by answering 'No'; those facts were material to underwriting and, because the policy was in effect for less than two years, AIA validly repudiated and cancelled the policy from inception under Schedule 9 FSA; the plaintiffs' suit is dismissed with costs RM10000 subject to allocatur.

Court Disposition

Suit dismissed against AIA Berhad; repudiation of policy upheld

Orders

  • Claim dismissed
  • Repudiation of the Mortgage Decreasing Term Assurance and cancellation of the Certificate of Insurance from inception declared valid