6 Feb 2024
AXA AFFIN GENERAL INSURANCE BERHAD 1. ) NUR HALLIMATUNAIMAH BINTI MAT YUSOFF 2. ) AZEHAN BIN AMRAN 3. ) SITI NOR AZILAN BINTI MAT HASSAN
- Citation
- DA-24NCvC-214-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24NCvC-214-07/2023 (Mahkamah Tinggi)
The application was dismissed because the insurer failed to exercise due diligence before issuing/renewing the policy, the insurer's own confirmation and JPJ records established that cover existed at the material time, and the insurer failed to give the statutory notice under s96(3) and unreasonably delayed filing the declaratory application (approximately 11 months), making the application an abuse of process; accordingly no declaratory relief was granted.