ETIQA GENERAL TAKAFUL BERHAD 1. ) MOHD KHAIRUKL IRMAN BIN MOHD ZIN 2. ) NURUL AZERA BINTI AHMAD 3. ) MOHAMAD AFIQ BIN AHMAD

ETIQA GENERAL TAKAFUL BERHAD 1. ) MOHD KHAIRUKL IRMAN BIN MOHD ZIN 2. ) NURUL AZERA BINTI AHMAD 3. ) MOHAMAD AFIQ BIN AHMAD

The Certificate of Takaful expressly recorded issuance at 3:49pm on 23/12/2022 and, applying the Federal Court's ruling in Pacific & Orient, a policy that specifies date and time is a special contract which takes effect at issuance; evidence placed the accident before 3:49pm, therefore the policy was not in force at...

Source-derived case information.

Citation
WA-24NCC-611-11/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Etiqa General Takaful Berhad; 1st Defendant: Mohd Khairul Irman bin Mohd Zin; 2nd Defendant: Nurul Azera binti Ahmad; 3rd Defendant: Mohamad Afiq bin Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2024
Case Number
WA-24NCC-611-11/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (section 96 RTA 1987) / Judgment (high Court)
Outcome
Application allowed in full
Legal Topics
Commencement of Insurance Coverage, Non Disclosure/misrepresentation, Declaratory Relief Under Section 96(3) RTA 1987, Utmost Good Faith (uberrimae Fidei), Waiver of Disclosure Obligations
Insurance Law Motor Vehicle Accident Law Contract Law Statutory Interpretation Financial Services Regulation Commencement of Insurance Coverage Non Disclosure/misrepresentation Declaratory Relief Under Section 96(3) RTA 1987 +2 more

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Parties

Etiqa General Takaful Berhad

Plaintiff

Mohd Khairul Irman bin Mohd Zin

1st Defendant

Nurul Azera binti Ahmad

2nd Defendant

Mohamad Afiq bin Ahmad

3rd Defendant

Procedural Posture

Originating Summons (section 96 RTA 1987) / Judgment (high Court)

Legal Issues

  1. 1 Whether the insurance policy was in force at the time of the accident when both issuance and accident occurred on the same day
  2. 2 Whether non-disclosure or misrepresentation by the insured vitiated the policy
  3. 3 Whether the insurer waived rights by failing to ask specific questions under FSA Schedule 9

Ratio Decidendi

The Certificate of Takaful expressly recorded issuance at 3:49pm on 23/12/2022 and, applying the Federal Court's ruling in Pacific & Orient, a policy that specifies date and time is a special contract which takes effect at issuance; evidence placed the accident before 3:49pm, therefore the policy was not in force at the time of the accident and is void in relation to that accident; the insurer had not waived its right to avoid the policy and Section 96(3) authorises pre-judgment declaratory relief.

Court Disposition

Application allowed in full

Orders

  • Insurance Policy No. 85606544 covering motor vehicle No. WXE 6746 for the period 23/12/2022 to 22/12/2023 is void and unenforceable in respect of the road accident on 23/12/2022 involving motor vehicle No. WXE 6746 and motorcycle No. BQU 1570
  • Etiqa General Takaful Berhad shall not be liable for any claims arising from the said accident