5 Aug 2022
PACIFIC & ORIENT INSURANCE CO. BERHAD ARNANDAN A/L SORIA DEMADU
- Citation
- 02(f)-30-07/2020(K) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-30-07/2020(K) (Mahkamah Persekutuan)
Registration and deeming provisions in the RTA impose insurer liability to third party victims notwithstanding that the insured may have ceased to have an insurable interest; an insurer's s.96(3) declaratory remedy is procedural and subject to strict compliance with the proviso (notice and service to plaintiff before or within seven days) and cannot be invoked to defeat third party rights where the proviso is breached or where core factual disputes on liability should be resolved at trial; public policy and MIB arrangements tilt statutory scheme in favour of compensating innocent victims.