Malaysia Case Law: Decisions & Judgments

Topic

Section 96 rta 1987

Legal area

Court

17 Jan 2023

TANG YOON LAI 1. ) ASIA COUNTRY CONSTRUCTION SDN BHD 2. ) HA KUI MENG PENCELAH THE PACIFIC INSURANCE BERHAD

Citation

AA-A53-3-04/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A53-3-04/2021 (Mahkamah Sesyen)

The application by the insurer to intervene and to be made a party was dismissed because the insurer must use the statutory procedure under s96(3) RTA 1987 to seek a declaration that the policy is void or unenforceable; permitting intervention to litigate coverage would defeat the statutory scheme in s96. The preliminary objection to the plaintiff's affidavit was dismissed because the solicitor's affidavit contained only undisputed matters within his knowledge and was sworn with client authority.
30 Aug 2021

AXA AFFIN GENERAL INSURANCE BERHAD 1. PUNITHA A/P KRISHNAN 2. VICKY A/P MOGANATHAN 3. SUBAMA A/P MINIANDY

Citation

KA-24NCvC-536-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24NCvC-536-07/2019 (Mahkamah Tinggi)

The court held that the plaintiff proved merit, reasonable grounds and strong justification to declare the policy VMX/72853929/87/03/HLH void ab initio because the policy issued in the name of Gulam Shah covered a motorcycle whereas JPJ records and the writ showed KY 9059 as a motor van registered to Segar under a different policy; this misrepresentation breached uberrimae fidei and, since the declaration was sought prior to any judgment on liability in the Sessions Court, the court was entitled to grant the declaration and allow the insurer to repudiate liability.
21 Feb 2019

Etiqa Takaful Bhd Abuseman bin Jamaluddin Etiqa Takaful Bhd

Citation

Q-02(A)-2351-11/2017 (Mahkamah Rayuan)
Court

A
Case number

Q-02(A)-2351-11/2017 (Mahkamah Rayuan)

The Court of Appeal held that while the policy was void and unenforceable as between the insurer and the insured for breach of policy conditions, section 94 RTA 1987 prevents an insurer from relying on such contractual breaches to evade liability to third parties; accordingly the High Court order disentitling the third party was set aside and the third party's statutory rights under s96(1) are preserved.

Malaysia Case Law

TANG YOON LAI 1. ) ASIA COUNTRY CONSTRUCTION SDN BHD 2. ) HA KUI MENG PENCELAH THE PACIFIC INSURANCE BERHAD

AXA AFFIN GENERAL INSURANCE BERHAD 1. PUNITHA A/P KRISHNAN 2. VICKY A/P MOGANATHAN 3. SUBAMA A/P MINIANDY

Etiqa Takaful Bhd Abuseman bin Jamaluddin Etiqa Takaful Bhd