Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Avoidance of policy

Legal area

Court

8 Apr 2024

SIVA PRAKASH A/L RAMASAMY MCIS INSURANCE BERHAD PENCELAH PUSHPERVELLI A/P RAMASAMY

Citation

WA-22NCC-399-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-399-09/2021 (Mahkamah Tinggi)

Deceased materially failed to disclose 2015 hospitalisation/injuries and made inconsistent/inflated income/occupation statements; those misrepresentations were deliberate or reckless under Schedule 9 FSA entitling Defendant to avoid the policies, and expert evidence established the P4 proposal signatures were forged making P4 void ab initio; Defendant fulfilled statutory notice and question clarity obligations; therefore Plaintiff's claims dismissed.
6 Jan 2020

ULAGANATHAN A/L MUTHIAH (NRIC No.: 701017-08-6691) PRUDENTIAL ASSURANCE MALAYSIA BERHAD (Company No.: 107655-U)

Citation

WA-22NCC-569-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-569-12/2018 (Mahkamah Tinggi)

The Court held that the duty of utmost good faith and the statutory pre-contractual duty require disclosure of matters material to the insurer's assessment of risk irrespective of whether those matters relate to the eventual cause of death; non-disclosure of the splenectomy, hospital admission, infected pancreatic pseudocyst, pre-operative tests and correct income were material to underwriting and entitled the insurer under Schedule 9 FSA 2013 to avoid the policy and repudiate the death claim.