Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Policy exclusion

Legal area

Court

8 Oct 2025

CLASSIC PALM OIL MILL SDN BHD BERJAYA SOMPO INSURANCE BERHAD

Citation

WA-22NCC-584-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-584-08/2023 (Mahkamah Tinggi)

Defendant failed to discharge the burden of proving the PO5-EXPLOSION exclusion applied; the court accepted plaintiff's evidence (CCTV, injuries, fire chief letter, and expert PW5) that the incident was a flash fire; accordingly plaintiff is entitled to indemnity for proved property loss of RM220,725 plus forensic costs, interest and costs as ordered.
16 Feb 2022

BOO KOK KUEK GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BERHAD

Citation

WA-A72NCvC-11527-11/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-11527-11/2020 (Mahkamah Majistret)

Court found no conclusive evidence that Plaintiff was legally intoxicated because no objective breath/blood/urine tests meeting statutory limits were produced; absence of a definition in the policy required reference to Road Transport Act s45G and clause 6.2.8; on balance of probabilities Defendant wrongly refused payment under the policy and must pay the claimed medical expenses with interest and costs.