Kunasegaran a/l Vadevelloo Berjaya Sompo Insurance Berhad

Kunasegaran a/l Vadevelloo Berjaya Sompo Insurance Berhad

Plaintiff failed to prove entitlement to policy proceeds on balance of probabilities because he knowingly omitted material facts and committed dishonest/reckless misrepresentations (failure to disclose other policies and the insured's lack of valid licence); insurers had complied with statutory pre-contractual notice obligations under Schedule 9 FSA 2013; the unlicensed riding and related breaches fell within policy exclusion clauses and Paragraph 15 of Schedule 9 permits insurers to avoid consumer insurance contracts for deliberate or reckless misrepresentation; s.114 adverse inference did not assist plaintiff; therefore appeals dismissed with costs.

Citation
AB-12BNCvC-3-03/2021 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Kunasegaran A/L Vadevello; Respondent/defendant: The Pacific Insurance Berhad; Respondent/defendant: Berjaya Sompo Insurance Berhad; Respondent/defendant: Syarikat Takaful AM (Malaysia) Berhad; Respondent/defendant: Allianz General Insurance Company (Malaysia) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 September 2023
Case Number
AB-12BNCvC-3-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Sessions Court Judgment Heard in High Court (taiping) – Grounds of Judgment on Appeal
Outcome
appeals dismissed with costs
Legal Topics
Misrepresentation, Consumer Insurance Contract Vs Non Consumer, Duty of Disclosure (schedule 9, FSA 2013), Uberrimae Fidei, Exclusion Clauses, Repudiation/avoidance of Contract, Basis Clause, Adverse Inference S.114 Evidence Act 1950, Ex Turpi Causa Non Oritur
Source Language
Malay/English
Insurance Law Contract Law Evidence Road Transport Law Civil Procedure Misrepresentation Consumer Insurance Contract Vs Non Consumer Duty of Disclosure (schedule 9, FSA 2013) +6 more

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Parties

Kunasegaran A/L Vadevello

Appellant/plaintiff

The Pacific Insurance Berhad

Respondent/defendant

Berjaya Sompo Insurance Berhad

Respondent/defendant

Syarikat Takaful AM (Malaysia) Berhad

Respondent/defendant

Allianz General Insurance Company (Malaysia) Berhad

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Against Sessions Court Judgment Heard in High Court (taiping) – Grounds of Judgment on Appeal

Legal Issues

  1. 1 whether death was by accidental means
  2. 2 whether the policies were consumer insurance contracts or non-consumer contracts
  3. 3 whether basis clause applies to consumer insurance contracts

Ratio Decidendi

Plaintiff failed to prove entitlement to policy proceeds on balance of probabilities because he knowingly omitted material facts and committed dishonest/reckless misrepresentations (failure to disclose other policies and the insured's lack of valid licence); insurers had complied with statutory pre-contractual notice obligations under Schedule 9 FSA 2013; the unlicensed riding and related breaches fell within policy exclusion clauses and Paragraph 15 of Schedule 9 permits insurers to avoid consumer insurance contracts for deliberate or reckless misrepresentation; s.114 adverse inference did not assist plaintiff; therefore appeals dismissed with costs.

Court Disposition

appeals dismissed with costs

Orders

  • Appeals dismissed with costs