26 Oct 2020
Berjaya Sompo Insurance Berhad 1. Zuraida binti Hashim 2. Ahmad Shuki bin Zakaria 3. Nura Shikin binti Harun
- Citation
- WA-24NCC-297-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-297-07/2020 (Mahkamah Tinggi)
Court held insurer was entitled to declaratory relief: the insured (1st Defendant) breached an essential policy condition by permitting an unlicensed rider to use the insured motorcycle; that breach, together with the illegality of permitting an unlicensed rider under s26 RTA and public policy (ex turpi causa), justified the insurer repudiating cover as against the insured; s96(3) did not preclude the insurer seeking a pre-judgment declaration and the Originating Summons was allowed.