21 Nov 2022
J Tan Teoh Associates MSIG Insurance (malaysia) Bhd
- Citation
- S-02(NCvC)(W)-2201-11/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- S-02(NCvC)(W)-2201-11/2019 (Mahkamah Rayuan)
The Court held that Kuan's claim for breach of stakeholder duty constituted a claim for breach of professional duty and thereby triggered the policy; the trial judge erred by requiring the insured to prove negligence rather than evaluating whether the breach was an error/omission (non‑deliberate) and by failing to assess evidence; because the insurer failed to discharge the burden to prove exclusion (dishonesty) the appeal was allowed and judgment entered for the insured.