8 Feb 2023
NORMA BINTI SAAD PRUDENTIAL BSN TAKAFUL BERHAD
- Citation
- KD-A52NCvC-5-07/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- KD-A52NCvC-5-07/2020 (Mahkamah Sesyen)
Clause 2.5.2(m) is an exclusion directed at war, hostilities, criminal/terrorist acts and related events and does not cover riding a motorcycle without a licence; absence of a licence does not automatically amount to negligence or justify denial of the takaful claim; there was no evidence of bad faith by plaintiff and the claim was presented via the hospital and rejected by defendant, therefore the plaintiff's special damages claim (paras (a)-(k)) is allowed with interest and costs are awarded to the plaintiff.