10 Feb 2023
BESPOKE MOTORING SDN BHD AM GENERAL INSURANCE BERHAD
- Citation
- WA-22NCC-251-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-251-05/2021 (Mahkamah Tinggi)
Defendant was not entitled to deny payment under the policy because it had knowledge of the relevant facts when it made the settlement offer and subsequently failed to prove the dominant ground (intoxication) or fraud; the insurer could not properly raise new or expanded grounds beyond its repudiation letter; on the evidence the plaintiff established loss and the defendant failed to justify repudiation, entitling plaintiff to indemnity of RM1,505,250 plus interest and costs.