13 Jan 2025
1. ) Mohd Suhairi Bin Alias (Seorang Yang Kurang Upaya Dan Membawa Tindakan Ini Melalui Ibu Yang Sah Danwakil Litigasi Beliau Iaitu /pencelah Kedua) 2. ) Rasmawati Binti Yaacob 1. ) TUNE INSURANCE MALAYSIA BERHAD 2. ) TUAN SOM BINTI TUAN KA
- Citation
- W-02(NCC)(A)-1160-06/2021 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(A)-1160-06/2021 (Mahkamah Rayuan)
The Court held that the High Court correctly found as a fact the accident occurred before the policy was issued and that coverage commences from the time of issuance as stated in the cover note; consequently the insurer was entitled to a declaration under s.96(3) RTA that the policy did not cover the accident. Originating summons was the proper procedure because there was no triable dispute of fact on the critical timing issue. Arguments on waiver, uberrima fides and Article 8 discrimination were rejected.