22 Mar 2024
CHANDIRASEGARAN A/L RAMASAMY AMGENERAL INSURANCE BERHAD
- Citation
- WA-11ANCC-17-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11ANCC-17-10/2023 (Mahkamah Tinggi)
The High Court affirmed that the plaintiff had privity of contract but the claim was dismissed because (1) the cause of action accrued on the date of the insured event (7.9.2016) under an indemnity/benefit policy, making the writ filed on 29.9.2022 time-barred under s6 Limitation Act 1953, and (2) the policy's Exclusion 1 properly excludes death occurring "in connection with" the commission of an unlawful act (riding without a valid licence) therefore insurer validly repudiated liability; Section 7(3B) Civil Law (Amendment) Act 2019 is inapplicable to contractual claims.