Malaysia Case Law: Decisions & Judgments

Topic

Repudiation of insurance claim

Legal area

Court

31 Oct 2025

MFORCE BIKE HOLDINGS SDN. BHD. ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

Citation

WA-22NCC-827-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-827-11/2023 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff's claim was fraudulent: key supporting documents were unproven and found to bear forged signatures, forensic evidence established an incendiary fire with accelerants and multiple points of origin consistent with deliberate setting by someone with access, the plaintiff admitted it had not paid for the claimed goods so suffered no insurable loss, and these facts justified the defendant's repudiation under policy Condition 15 and disentitled the plaintiff to any payment despite the three-month clause being void under s29 Contracts Act; fraud defeated…
31 Oct 2025

MFORCE BIKE HOLDINGS SDN. BHD. ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

Citation

WA-22NCC-827-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-827-11/2023 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff's supporting documents were forged or fabricated, the fire was incendiary and deliberately set by the plaintiff or with its connivance, the plaintiff suffered no actual pecuniary loss because it had not paid for the goods, and therefore the defendant rightfully repudiated the claim under Condition 15; although the contractual three‑month limitation is void under s29 Contracts Act, the substantive findings of fraud and lack of loss independently require dismissal of the claim.
3 Oct 2024

SURENDRAN A/L THURAISINGAM 1. ) ZURICH LIFE INSURANCE MALAYSIA BERHAD 2. ) KAMALAK KANNAN A/L THANGAVELU (BERNIAGA DI BAWAH KLINIK KANNAN)

Citation

WA-24NCvC-1341-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-1341-04/2024 (Mahkamah Tinggi)

Dismissal of the pre-action discovery application was required because evidence before the court established there was no medical report in existence to be produced and the material already disclosed (1st Defendant's correspondence and 2nd Defendant's affidavit) rendered discovery unnecessary; judicial notice supported that the alleged medical indicators did not conclusively establish diabetes.
27 Sept 2023

CHANDIRASEGARAN A/L RAMASAMY PERSATUAN PENGUSAHA JURUGAYA RAMBUT INDIA MALAYSIA

Citation

WA-11ANCC-7-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCC-7-04/2023 (Mahkamah Tinggi)

The appeal was dismissed because the plaintiff had no reasonable cause of action against the 1st Defendant: there was no contractual relationship or privity between the deceased/plaintiff and the 1st Defendant (no employer‑employee contract or equivalent to confer beneficiary rights under the group policy), therefore the claim against the 1st Defendant was frivolous/vexatious and properly struck out; limitation against the 1st Defendant was moot.
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.
19 Feb 2021

1. ) LOH SWEE LIANG (suing as Administrator of the Estate of Tay Guan Song, Deceased) 2. ) TAY BOON HUI (suing as Administrator of the Estate of Tay Guan Song, Deceased) AMGENERAL INSURANCE BERHAD

Citation

WA-11BNCVC-26-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11BNCVC-26-08/2020 (Mahkamah Tinggi)

The insured failed to prove on the balance of probabilities that the vehicle was stolen (as distinct from merely missing), and also breached conditions precedent (late notification and late claim submission) in the policy; therefore insurer’s repudiation was justified and the appellate court will not disturb the Magistrate’s factual findings which were not plainly wrong.

Malaysia Case Law

MFORCE BIKE HOLDINGS SDN. BHD. ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

MFORCE BIKE HOLDINGS SDN. BHD. ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

SURENDRAN A/L THURAISINGAM 1. ) ZURICH LIFE INSURANCE MALAYSIA BERHAD 2. ) KAMALAK KANNAN A/L THANGAVELU (BERNIAGA DI BAWAH KLINIK KANNAN)

CHANDIRASEGARAN A/L RAMASAMY PERSATUAN PENGUSAHA JURUGAYA RAMBUT INDIA MALAYSIA

BESPOKE MOTORING SDN BHD AM GENERAL INSURANCE BERHAD

1. ) LOH SWEE LIANG (suing as Administrator of the Estate of Tay Guan Song, Deceased) 2. ) TAY BOON HUI (suing as Administrator of the Estate of Tay Guan Song, Deceased) AMGENERAL INSURANCE BERHAD