Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Third party compulsory motor insurance

Legal area

Court

5 Aug 2022

JESUDAS A/L PALANISAMY PACIFIC & ORIENT INSURANCE CO BERHAD

Citation

02(f)-97-12/2019(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-97-12/2019(W) (Mahkamah Persekutuan)

The Federal Court held that (1) registration/deeming provisions in the RTA impose insurer liability to third party claimants notwithstanding that the insured may have lost insurable interest by sale absent lawful transfer under s.13; (2) insurers seeking declarations under s.96(3) must comply with the proviso – give notice specifying grounds to the plaintiff before or within seven days of commencing the action and serve cause papers, failing which the declaratory order cannot be relied upon against that third party; (3) s.96(3) is not a vehicle to resolve contested tortious liability facts wh…
6 Apr 2022

ETIQA GENERAL TAKAFUL BERHAD 1. ) WAKIL DIRI KEPADA FATIMAH BTE ADAM 2. ) MAHAT BIN PINDEK 3. ) R. KALAIVANI A/P RAJOO 4. ) DAARSHINI PRIYA A/P MANIAM

Citation

WA-24NCC-346-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-346-08/2021 (Mahkamah Tinggi)

Because the named insured had died before the purported renewals, no valid contract could be formed in her name; Schedule 9 and s129 FSA 2013 regulate voidability of existing consumer insurance contracts and do not apply where a contract is void ab initio for lack of capacity; accordingly the renewed policies in the deceased's name were void ab initio, declarations were granted and premiums ordered refunded.