5 Aug 2022
1. ) PACIFIC & ORIENT INSURANCE CO BERHAD 2. ) MOHAMAD HELMI BIN ABD MUTALIB Mohamad Rafiq Muiz Bin Ahmad Hanipah
- Citation
- 02(f)-90-11/2019(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-90-11/2019(W) (Mahkamah Persekutuan)
Registration under the RTA imposes insurer liability to third party claimants notwithstanding an insured may have ceased insurable interest; a declaration under s.96(3) is available to insurers only if the proviso is strictly complied with (notice within seven days and service on plaintiff) and cannot be employed to pre-empt or determine core disputed tortious facts that must be resolved at trial; s.109 applies to civil proceedings and protects third parties where registration shows the insured as owner.