Malaysia Case Law: Decisions & Judgments

Topic

Repudiation of insurance policy

Legal area

Court

30 Mar 2023

MAH WAI MENG ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

Citation

AA-A52NCC-179-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCC-179-10/2020 (Mahkamah Sesyen)

Plaintiff\u2019s account was inherently improbable and unsupported by material witnesses or corroborating evidence (notably the tow truck driver and the alleged lorry); photographic and expert evidence were inconsistent with plaintiff\u2019s version; the credible adjuster\u2019s report established inconsistencies amounting to breach of utmost good faith, entitling the insurer to repudiate the policy; therefore plaintiff failed to discharge the burden of proof and claim was dismissed.
18 Sept 2020

SU HOCK GUAN 1. AXA AFFIN GENERAL INSURANCE BERHAD 2. RHB BANK BERHAD

Citation

WA-12ANCC-29-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-29-03/2020 (Mahkamah Tinggi)

The plaintiff's cause of action against the 2nd defendant accrued on 15 June 2012 when the insurer's repudiation letter was received and disclosed the material facts; therefore the claim amended to add the 2nd defendant on 25 November 2019 was outside the six‑year limitation and Order 20 r5 does not permit relation back to circumvent the limitation, so the appeal is dismissed.
20 Mar 2019

Mohamad Zulkarnain bin Mustafa 1. Allianz General Insurance Company (M) Bhd 2. Ainon binti Ishak 3. Mohamad Mukriz bin Che Morat

Citation

W-02(IM)(NCC)-1676-08/2017 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-1676-08/2017 (Mahkamah Rayuan)

The Court upheld the High Court finding that the insured and insured rider made false police reports and failed to make full and frank disclosure; because their statutory declarations and affidavits were credible and unchallenged and the 3rd defendant did not apply to convert the originating summons or to cross-examine, the insurer was entitled under s96(3) RTA 1987 to a declaration that the policy was void and unenforceable in respect of the accident.

Malaysia Case Law

MAH WAI MENG ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

SU HOCK GUAN 1. AXA AFFIN GENERAL INSURANCE BERHAD 2. RHB BANK BERHAD

Mohamad Zulkarnain bin Mustafa 1. Allianz General Insurance Company (M) Bhd 2. Ainon binti Ishak 3. Mohamad Mukriz bin Che Morat