11 Oct 2024
1. ) ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD 2. ) FUJI ELECTRIC (MALAYSIA) SDN BHD 1. ) FUJI LOGISTICS (M) SDN. BHD. 2. ) STE TRUCKING SERVICES SDN BHD
- Citation
- PA-22NCvC-127-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-127-08/2020 (Mahkamah Tinggi)
Insurer (First Plaintiff) had locus standi to sue by subrogation after paying the insured; the purported waiver of subrogation in a later quotation was not incorporated into the Basic Agreement because the Basic Agreement contained an entire agreement clause and the waiver was expressly rejected prior to incorporation; therefore the Second Plaintiff did not breach the contract and the First Defendant failed to prove its counterclaim; counterclaim dismissed and costs awarded to Second Plaintiff.