Malaysia Case Law: Decisions & Judgments

Topic

Policy exclusions

Legal area

Court

21 Mar 2025

Mohamad Habizan Bin Mohamad Yussof [Mendakwa sebagai Penama bagi Faedah Takaful Keluarga dalam No. Sijil PruBSN WarisanPlus: 87265644, Abdul Razak Bin Noor Mohamad, Si Mati] PRUDENTIAL BSN TAKAFUL BERHAD

Citation

WA-22NCC-305-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-305-06/2022 (Mahkamah Tinggi)

The court found that the Deceased made deliberate or reckless and material misrepresentations regarding his annual income (RM450,000) and the existence/identity of his business ('Nesh Electrician'); those misrepresentations were within his knowledge and material to risk assessment, entitling the Defendant to avoid the Certificate ab initio under Paragraph 15(1) Schedule 9 IFSA and the relevant Certificate clauses. Other alleged misrepresentations (payment source, alcohol) and the exclusion clauses were not proven; Khairat payment was not an admission of enforceability; plaintiff's failure to…
19 Nov 2021

ETIQA GENERAL TAKAFUL BERHAD 1. ) Thavani A/p Krishnan 2. ) P KRISHNASAMY A/L PATCHAYAPPAN 3. ) XXXX

Citation

WA-24NCC-64-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-64-02/2021 (Mahkamah Tinggi)

The court held that the Policy expressly excludes passenger liability except where passengers are carried for hire/reward or by reason of or in pursuance of a contract of employment; the deceased and injured passengers were minors and mere passengers not employed or carried for hire/reward, therefore the Policy did not cover their claims and the insurer was entitled to a declaration under s96(3) RTA that the Policy was void and unenforceable with respect to the accident.

Malaysia Case Law

Mohamad Habizan Bin Mohamad Yussof [Mendakwa sebagai Penama bagi Faedah Takaful Keluarga dalam No. Sijil PruBSN WarisanPlus: 87265644, Abdul Razak Bin Noor Mohamad, Si Mati] PRUDENTIAL BSN TAKAFUL BERHAD

ETIQA GENERAL TAKAFUL BERHAD 1. ) Thavani A/p Krishnan 2. ) P KRISHNASAMY A/L PATCHAYAPPAN 3. ) XXXX