Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Trade credit insurance
  • 21 Nov 2022

    Westford Limited Archipelago Insurance Limited

    Citation
    WA-22NCC-622-12/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-622-12/2020 (Mahkamah Tinggi)

    Endorsement No.4 was valid and increased the Policy limit to USD 5,000,000; the Phoenix Orders constituted bona fide, arm's-length sales with title transfer in Dubai (an Approved Country) and were covered by the Policy; Archipelago's premature repudiation and failures (including failing to issue endorsement/invoice and treating cover as in place) breached the Policy and duties of good faith and estoppel prevents Archipelago from denying coverage; Archipelago must pay the insured loss to BGIS equal to the policy share of the two orders plus interest and costs.