24 May 2021
TUNE INSURANCE MALAYSIABERHAD (No. Syarikat: 30686-K) 1. TUAN SOM BINTI TUAN KADIR (No. K/P: 521114-03-5150) 2. ZURINA BINTI OTHMAN (No. K/P: 750803-02-5284) 3. MOHD SUHAIRI BIN ALIAS (No. K/P: 900722-03-5701) (Seorang kurang upaya dan memb
- Citation
- WA-24NCC-193-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-193-05/2020 (Mahkamah Tinggi)
On the evidence (cover note and confirmation showing issue time 11:04:55am and corroborative police reports/statutory declaration placing accident at about 10:00am), the policy was issued after the accident and therefore was not in force at the time; under s84 FSA and authority the policy takes effect on issuance when premium paid; no material triable factual dispute existed to require viva voce evidence; therefore declaration under s96(3) RTA that the policy was void/unenforceable for the accident was granted.
- Enforceability of motor insurance policy
- Section 96(3) road transport act - pre-judgment declaration
- Schedule 9 financial services act - consumer misrepresentation
- Uberrimae fidei and pre-contractual disclosure
- Commencement time of insurance cover
- Admissibility of statutory declarations and police reports