22 Sept 2023
Kunasegaran a/l Vadevelloo Syarikat Takaful Malaysia Am Berhad
- Citation
- AB-12BNCvC-4-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-12BNCvC-4-03/2021 (Mahkamah Tinggi)
On the evidence the deceased died in a motorcycle accident and the plaintiff knowingly failed to disclose material facts (notably other policies and the deceased's lack of a valid driving licence); the insurers had complied with Schedule 9 FSA 2013 by informing proposers of disclosure duties; the misrepresentation was deliberate/reckless such that under Schedule 9 Division 2 para 15 the insurers were entitled to avoid the consumer insurance contracts and refuse claims; exclusion clauses (riding without licence/ unlawful acts) independently justified repudiation; s.114(g) adverse inference did…