13 Sept 2024
ETIQA GENERAL TAKAFUL BERHAD 1. ) MOHD KHAIRUKL IRMAN BIN MOHD ZIN 2. ) NURUL AZERA BINTI AHMAD 3. ) MOHAMAD AFIQ BIN AHMAD
- Citation
- WA-24NCC-611-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-611-11/2023 (Mahkamah Tinggi)
The Certificate of Takaful expressly recorded issuance at 3:49pm on 23/12/2022 and, applying the Federal Court's ruling in Pacific & Orient, a policy that specifies date and time is a special contract which takes effect at issuance; evidence placed the accident before 3:49pm, therefore the policy was not in force at the time of the accident and is void in relation to that accident; the insurer had not waived its right to avoid the policy and Section 96(3) authorises pre-judgment declaratory relief.