28 Aug 2019
W-01(NCVC)(W)-95-03/2017 (Mahkamah Rayuan)
- Citation
- W-01(NCVC)(W)-95-03/2017 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-01(NCVC)(W)-95-03/2017 (Mahkamah Rayuan)
The Court allowed the appeals because the discharge/indemnity documents relied upon by the insurer were conditional assignments (they expressly authorised the insurer to use claimants' names at the insurer's own cost) and therefore did not vest absolute rights in the insurer to sue in its own name or to stand in the shoes of the insured; consequently the insurer lacked locus standi to maintain the action against Puspakom, JPJ, JKR and the Government and the High Court judgment awarding RM1,996,524.00 was set aside.