14 Mar 2025
Yong Thien Wieo ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD PIHAK KETIGA 1. ) Supreme Power Auto Sdn Bhd 2. ) Lim Chaw Teng 3. ) Lim Teck Boon
- Citation
- WA-22NCC-541-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-541-11/2018 (Mahkamah Tinggi)
The court held that insurers failed to discharge the burden to prove deliberate ignition: scientific evidence relied upon by insurers (FSM and chemical analysis) was methodologically unreliable and insufficient (no convincing accelerant evidence at alleged origins; GC-MS reporting flawed; no control samples; measurement methods for liquid volumes were unreliable); expert evidence established full room involvement rendering visual origin cues invalid. Consequently the fire was accidental (electrical arcing origin as per Bomba) and MSIG failed to prove breach of the storage warranty (insufficie…