6 Apr 2022
ETIQA GENERAL TAKAFUL BERHAD 1. ) WAKIL DIRI KEPADA FATIMAH BTE ADAM 2. ) MAHAT BIN PINDEK 3. ) R. KALAIVANI A/P RAJOO 4. ) DAARSHINI PRIYA A/P MANIAM
- Citation
- WA-24NCC-346-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-346-08/2021 (Mahkamah Tinggi)
Because the named insured had died before the purported renewals, no valid contract could be formed in her name; Schedule 9 and s129 FSA 2013 regulate voidability of existing consumer insurance contracts and do not apply where a contract is void ab initio for lack of capacity; accordingly the renewed policies in the deceased's name were void ab initio, declarations were granted and premiums ordered refunded.