SU HOCK GUAN (NRIC NO. 750301-01-5289) AXA AFFIN GENERAL INSURANCE MALAYSIA BERHAD (CO. NO. 23280-W)

SU HOCK GUAN (NRIC NO. 750301-01-5289) AXA AFFIN GENERAL INSURANCE MALAYSIA BERHAD (CO. NO. 23280-W)

The court held that, absent contractual provision to the contrary, the cause of action under an indemnity insurance policy accrues at the time of the insured loss; therefore the Appellant's claim based on the 24.4.2010 fire accrued on that date and was time‑barred when filed on 16.5.2016.

Citation
WA-12ANCC-28-03/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Su Hock Guan; Respondent/1st Defendant: AXA Affin General Insurance Malaysia Berhad; 2nd Defendant: RHB Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 October 2020
Case Number
WA-12ANCC-28-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court Striking Out Claim as Time‑barred
Outcome
Appeal dismissed
Legal Topics
Indemnity Insurance, Accrual of Cause of Action, Repudiation, Statute of Limitations, Strike Out
Source Language
Malay/English
Insurance Law Contract Law Limitation Law Civil Procedure Indemnity Insurance Accrual of Cause of Action Repudiation Statute of Limitations +1 more

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Parties

Su Hock Guan

Appellant/plaintiff

AXA Affin General Insurance Malaysia Berhad

Respondent/1st Defendant

RHB Bank Berhad

2nd Defendant

Procedural Posture

Civil Appeal / Appeal From Sessions Court Striking Out Claim as Time‑barred

Legal Issues

  1. 1 Whether a cause of action in an indemnity insurance policy accrues at the time of the insured loss or at the time the insurer repudiates liability
  2. 2 Whether the Appellant's claim was time‑barred under Section 6 of the Limitation Act 1963

Ratio Decidendi

The court held that, absent contractual provision to the contrary, the cause of action under an indemnity insurance policy accrues at the time of the insured loss; therefore the Appellant's claim based on the 24.4.2010 fire accrued on that date and was time‑barred when filed on 16.5.2016.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs fixed at RM 5,000.00 to Respondent