Kunasegaran a/l Vadevelloo The Pacific Insurance Berhad

Kunasegaran a/l Vadevelloo The Pacific Insurance Berhad

Plaintiff failed to disclose material facts (existence of other policies and the insured's lack of a valid driving licence) and acted dishonestly/recklessly in representations; the policies at issue were consumer insurance contracts and defendants complied with Schedule 9 FSA notice/requirements; the deceased's unlawful driving and the applicable exclusion clauses permitted defendants to avoid the contracts and refuse claims; accordingly appeals dismissed with costs.

Citation
AB-12BNCvC-2-03/2021 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Kunasegaran A/L Vadevello; Respondent/defendant 1: The Pacific Insurance Berhad; Respondent/defendant 2: Berjaya Sompo Insurance Berhad; Respondent/defendant 3: Syarikat Takaful AM (Malaysia) Berhad; Respondent/defendant 4: Allianz General Insurance Company (Malaysia) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 September 2023
Case Number
AB-12BNCvC-2-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment (grounds of Judgment)
Outcome
Appeals dismissed with costs
Legal Topics
Pre Contractual Duty of Disclosure, Consumer Vs Non Consumer Insurance Contract, Misrepresentation (uberrimae Fidei), Exclusion Clauses and Repudiation, S114(g) Evidence Act Adverse Inference, Schedule 9 Financial Services Act 2013 Compliance, Ex Turpi Causa Non Oritur
Source Language
Malay/English
Insurance Law Contract Law Evidence Road Traffic Law Civil Procedure Pre Contractual Duty of Disclosure Consumer Vs Non Consumer Insurance Contract Misrepresentation (uberrimae Fidei) +4 more

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Parties

Kunasegaran A/L Vadevello

Appellant/plaintiff

The Pacific Insurance Berhad

Respondent/defendant 1

Berjaya Sompo Insurance Berhad

Respondent/defendant 2

Syarikat Takaful AM (Malaysia) Berhad

Respondent/defendant 3

Allianz General Insurance Company (Malaysia) Berhad

Respondent/defendant 4

Procedural Posture

Civil Appeal / Judgment (grounds of Judgment)

Legal Issues

  1. 1 whether death was accidental
  2. 2 whether policies were consumer insurance contracts
  3. 3 whether parties complied with pre-contractual disclosure under Paragraph 5, Part II, Schedule 9 FSA 2013

Ratio Decidendi

Plaintiff failed to disclose material facts (existence of other policies and the insured's lack of a valid driving licence) and acted dishonestly/recklessly in representations; the policies at issue were consumer insurance contracts and defendants complied with Schedule 9 FSA notice/requirements; the deceased's unlawful driving and the applicable exclusion clauses permitted defendants to avoid the contracts and refuse claims; accordingly appeals dismissed with costs.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals dismissed with costs
  • Judgment dated 24 January 2024 by Noor Ruwena Binti Md Nurdin, Judicial Commissioner, High Court of Malaya, Taiping