Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Exclusions

  • 2 Apr 2023

    POOVANESWARI A/P VADIVAIL MCIS INSURANCE BERHAD

    Citation
    JB-12BNCvC-7-06/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-12BNCvC-7-06/2022 (Mahkamah Tinggi)

    Trial judge misdirected by placing burden of proof of the exclusion on the plaintiff; plaintiff proved death arose from road traffic accident and coverage under the rider on balance of probabilities; insurer relied solely on a chemical report but failed to prove that alcohol intoxication caused the injuries and death or to eliminate reasonable doubt (including possible bacterial alcohol production); insurer therefore failed to discharge its burden to establish exclusion 6.4.5 and appeal is allowed.

  • 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.