21 Feb 2019
Etiqa Takaful Bhd Abuseman bin Jamaluddin 1. ) Etiqa Takaful Bhd 2. ) Ambrose Anak Jewon 3. ) Abuseman bin Jamaluddin
- Citation
- Q-02(A)-2351-11/2017 (Mahkamah Rayuan)
- Court
- A
- Case number
- Q-02(A)-2351-11/2017 (Mahkamah Rayuan)
The Court held that section 94 RTA 1987 prevents an insurer from relying on policy conditions to avoid liability to third parties; accordingly the High Court's declaration disentitling the 2nd Respondent was set aside and the 2nd Respondent's rights under s96(1) RTA 1987 remain enforceable, although the declaration voiding the policy as against the insured (1st Respondent) was affirmed inter partes.