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.