5 Feb 2020
MSIG Insurance (Malaysia) Berhad Nurul Idayu Binti Abd Wahab & 2 Lg
- Citation
- WA-24NCC-599-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-599-11/2019 (Mahkamah Tinggi)
Following the Court of Appeal line on RTA s109 and having found that the First Defendant was not an authorised driver and had made material misrepresentations and failed to disclose ownership change when renewing the policy (breach of utmost good faith and duty of disclosure), the court held the insurer was entitled to avoid the policy and granted declarations that the insurer is not liable for the policy period and not responsible for third party claims arising from the accident.