26 Jul 2019
JAN DE NUL (MALAYSIA) SDN BHD BERJAYA SOMPO INSURANCE BERHAD
- Citation
- WA-22C-77-07/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-77-07/2017 (Mahkamah Tinggi)
Plaintiff entitled to indemnity under the composite CAR policy because the RFI was both sudden and unforeseen, the policy was composite so plaintiff could claim independently, and the defendant failed to prove any exclusion or breach of conditions precedent causal to the loss; the proximate cause was not established by defendant as defective workmanship or faulty design and plaintiff's expert evidence of static liquefaction was at least as probable; net recoverable loss assessed at RM15,935,866 with interest and costs.