16 Mar 2021
Shiva Kumar Day Allianz Life Insurance Malaysia Berhad & 1 Lagi
- Citation
- WA-22NCC-415-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-415-09/2020 (Mahkamah Tinggi)
The court found that under the policies liability for TPD accrued from the commencement of disability and the Plaintiff’s disability and claim submission dates meant the cause of action arose well before the writ; the claims were therefore statute-barred under Limitation Act s6(1)(a); s29 did not postpone limitation because fraud/forgery allegations were bare, unsupported by police report or the alleged recording, and thus the claims were plainly unsustainable and properly struck out under O.18 r.19.