POOVANESWARI A/P VADIVAIL MCIS INSURANCE BERHAD

POOVANESWARI A/P VADIVAIL MCIS INSURANCE BERHAD

Trial judge misdirected by placing burden of proof of the exclusion on the plaintiff; plaintiff proved death arose from road traffic accident and coverage under the rider on balance of probabilities; insurer relied solely on a chemical report but failed to prove that alcohol intoxication caused the injuries and death or to eliminate reasonable doubt (including possible bacterial alcohol production); insurer therefore failed to discharge its burden to establish exclusion 6.4.5 and appeal is allowed.

Citation
JB-12BNCvC-7-06/2022 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: POOVANESWARI A/P VADIVAIL; Respondent / Defendant: MCIS INSURANCE BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 April 2023
Case Number
JB-12BNCvC-7-06/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (insurance Claim) / Final Judgment on Appeal
Outcome
Appeal allowed; decision of Sessions Court dated 16.06.2020 set aside
Legal Topics
Policy Interpretation, Exclusions, Burden of Proof, Causation, Toxicology Evidence
Source Language
Malay/English
Insurance Contract Tort Evidence Policy Interpretation Exclusions Burden of Proof Causation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

POOVANESWARI A/P VADIVAIL

Appellant / Plaintiff

MCIS INSURANCE BERHAD

Respondent / Defendant

Procedural Posture

Civil Appeal (insurance Claim) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether plaintiff entitled to RM50,000 under I-Linked PA Plus Rider
  2. 2 Whether exclusion 6.4.5 (death while under influence of alcohol/drugs) applies
  3. 3 Allocation of burden of proof between insured and insurer

Ratio Decidendi

Trial judge misdirected by placing burden of proof of the exclusion on the plaintiff; plaintiff proved death arose from road traffic accident and coverage under the rider on balance of probabilities; insurer relied solely on a chemical report but failed to prove that alcohol intoxication caused the injuries and death or to eliminate reasonable doubt (including possible bacterial alcohol production); insurer therefore failed to discharge its burden to establish exclusion 6.4.5 and appeal is allowed.

Court Disposition

Appeal allowed; decision of Sessions Court dated 16.06.2020 set aside

Orders

  • Set aside decision of Sessions Court dated 16.06.2020
  • Appeal allowed and judgment entered for plaintiff for RM50,000 under I-Linked PA Plus Rider as per statement of claim para 27(a),(b)