CHANDIRASEGARAN A/L RAMASAMY AMGENERAL INSURANCE BERHAD

CHANDIRASEGARAN A/L RAMASAMY AMGENERAL INSURANCE BERHAD

The High Court affirmed that the plaintiff had privity of contract but the claim was dismissed because (1) the cause of action accrued on the date of the insured event (7.9.2016) under an indemnity/benefit policy, making the writ filed on 29.9.2022 time-barred under s6 Limitation Act 1953, and (2) the policy's Exclusion 1 properly excludes death occurring "in connection with" the commission of an unlawful act (riding without a valid licence) therefore insurer validly repudiated liability; Section 7(3B) Civil Law (Amendment) Act 2019 is inapplicable to contractual claims.

Citation
WA-11ANCC-17-10/2023 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff / Administrator of Deceased's Estate: Chandirasegaran a/l Ramasamy; Respondent / Defendant: AmGeneral Insurance Berhad; First Defendant / Association: Persatuan Pengusaha Jurugaya Rambut India Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 March 2024
Case Number
WA-11ANCC-17-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrates' Court (insurance Claim) / Judgment by High Court (commercial Division) on Appeal
Outcome
Appeal dismissed. Judgment of Magistrates' Court affirmed.
Legal Topics
Privity of Contract, Accrual of Cause of Action, Policy Exclusion for Unlawful Acts, Claims Made Vs Indemnity Policies, Order 33 Preliminary Issues, Bereavement Damages (s 7(3 B) Civil Law (amendment) Act 2019), Policy Conditions (notice and Arbitration)
Source Language
Malay/English
Insurance Law Contract Law Civil Procedure Limitation Law Statutory Interpretation Privity of Contract Accrual of Cause of Action Policy Exclusion for Unlawful Acts +4 more

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Parties

Chandirasegaran a/l Ramasamy

Appellant / Plaintiff / Administrator of Deceased's Estate

AmGeneral Insurance Berhad

Respondent / Defendant

Persatuan Pengusaha Jurugaya Rambut India Malaysia

First Defendant / Association

Procedural Posture

Civil Appeal From Magistrates' Court (insurance Claim) / Judgment by High Court (commercial Division) on Appeal

Legal Issues

  1. 1 Whether the claimant had privity of contract with insurer
  2. 2 When the cause of action accrued for limitation purposes
  3. 3 Whether the insurer validly excluded liability because deceased rode without a valid licence (an unlawful act)

Ratio Decidendi

The High Court affirmed that the plaintiff had privity of contract but the claim was dismissed because (1) the cause of action accrued on the date of the insured event (7.9.2016) under an indemnity/benefit policy, making the writ filed on 29.9.2022 time-barred under s6 Limitation Act 1953, and (2) the policy's Exclusion 1 properly excludes death occurring "in connection with" the commission of an unlawful act (riding without a valid licence) therefore insurer validly repudiated liability; Section 7(3B) Civil Law (Amendment) Act 2019 is inapplicable to contractual claims.

Court Disposition

Appeal dismissed. Judgment of Magistrates' Court affirmed.

Orders

  • Appeal dismissed and judgment below affirmed
  • Respondent awarded costs of RM2000