18 Jul 2024
Allianz General Insurance Company (Malaysia) Berhad Chong Hing Fook
- Citation
- PA-12ANCvC-71-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12ANCvC-71-12/2022 (Mahkamah Tinggi)
The High Court upheld the Sessions Court: the PA policy was valid and enforceable; the Defendant failed to prove the Plaintiff's duty of disclosure was breached because no evidence showed the insurer or its agent asked about bankruptcy and Schedule 9 FSA remedies were not followed; s38(1) Insolvency Act allows a bankrupt to maintain a personal injury claim without DGI sanction; Originating Summons was appropriate; therefore the insurer could not avoid the policy and the appeals were dismissed with costs.