14 Sept 2020
MSIG INSURANCE (M) BERHAD (Company No.: 46983-W) MATRIX COOLING (M) SDN BHD (Company No.: 701687-T)
- Citation
- WA-12BNCC-2-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-2-01/2020 (Mahkamah Tinggi)
The High Court held the Sessions Court erred: the EAR policy and schedule clearly excluded PEP, no additional premium was paid, plaintiff failed to prove unilateral amendment or that PEP was covered; replacement cost of the fan stack (PEP) is not recoverable; plaintiff failed to plead and strictly prove claimed special damages of RM251,575.20 and is limited to the MSM Adjusters’ adjusted indemnity of RM63,272.00 (net of RM10,000 deductible); appeal allowed in part and cross‑appeal dismissed, with payment and costs orders as stated.