25 Aug 2021
TAN SIEW WEI GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BERHAD
- Citation
- WA-22NCC-381-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-381-08/2020 (Mahkamah Tinggi)
On the balance of probabilities the Defendant proved that the Plaintiff knowingly failed to disclose material medical consultations and diagnoses (psychology consultation 2014; anxiety/panic diagnosis and treatment in February 2017; suspected Polyneuropathy/Wilson's Disease and advice for further tests) in response to clear, specific questions on the proposal form; those misrepresentations were deliberate or reckless and material to the insurer's underwriting decision under Schedule 9 FSA, entitling the insurer to avoid the policy and refuse all claims.