25 Mar 2024
1. ) Abdul Hair Bin Ali Hossain 2. ) Wan Ismail Bin Wan Kadir 1. ) ZURICH GENERAL TAKAFUL MALAYSIA BERHAD 2. ) Nor Ashikin Binti Abd Rahman
- Citation
- W-02(NCC)(A)-560-03/2022 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(A)-560-03/2022 (Mahkamah Rayuan)
The Court of Appeal held that statutory third-party protection under the RTA prevents the insurer from obtaining a declaration under s.96 to void the policy after the risk materialised where the insurer failed to show it had made inquiries or safeguarded its interests on renewal; therefore the insurer cannot rely on the vehicle being a different chassis to avoid liability to innocent third-party victims and the High Court's declaration was set aside.