5 Aug 2022
PACIFIC & ORIENT INSURANCE CO BERHAD Yeap Tick In
- Citation
- 02(f)-41-08/2020(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-41-08/2020(W) (Mahkamah Persekutuan)
Registration under the RTA and the statutory third party insurance scheme impose insurer liability to innocent third party claimants where the registration shows the insured as owner and the policy is valid and subsisting; an insurer cannot avoid third party liability merely because insured may have sold possession absent lawful transfer under s13; an insurer seeking a declaratory order under s96(3) must comply with the proviso (notice to plaintiff within seven days and opportunity to join), and courts should not decide contested factual issues of negligence by originating summons but leave s…