20 May 2025
MSIG INSURANCE (MALAYSIA) BHD 1. ) SUPPIAH A/L MARIAPPEN (Berniaga atas nama SVE Enterprise) 2. ) ECNISVARAN A/L SUKUMARAN
- Citation
- WA-11BNCC-6-08/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11BNCC-6-08/2024 (Mahkamah Tinggi)
The appeal was dismissed because the 2nd Respondent retained an insurable interest as legal ownership remained with him until full payment; non-disclosure did not amount to breach of utmost good faith as the claim form did not require disclosure and the duty is limited to formation/changes; and the insured was entitled to claim the sum insured (RM90,000) with the insurer bearing the burden to prove a higher market value.