Malaysia Case Law: Decisions & Judgments

Topic

Uberrimae fidei (utmost good faith)

Legal area

Court

31 Oct 2025

MFORCE BIKE HOLDINGS SDN. BHD. ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

Citation

WA-22NCC-827-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-827-11/2023 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff's supporting documents were forged or fabricated, the fire was incendiary and deliberately set by the plaintiff or with its connivance, the plaintiff suffered no actual pecuniary loss because it had not paid for the goods, and therefore the defendant rightfully repudiated the claim under Condition 15; although the contractual three‑month limitation is void under s29 Contracts Act, the substantive findings of fraud and lack of loss independently require dismissal of the claim.
17 Aug 2022

LIEW WEI KUAN AXA AFFIN GENERAL INSURANCE BERHAD

Citation

AA-A52NCvC-127-08/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-127-08/2019 (Mahkamah Sesyen)

Plaintiff failed to prove his claim on the balance of probabilities and breached the duty of utmost good faith by failing to provide full and credible disclosure; key witnesses were not credible, material aspects of the purchase and accident were unproven or inconsistent, and the technical evidence offered by defendant was either unproven or not by qualified expert procedure; therefore plaintiff’s claim is dismissed with costs.
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.
5 Aug 2022

Mohamad Zulkarnain Bin Mustafa 1. ) XXXX 2. ) Ainon Binti Ishak 3. ) Mohamad Mukriz Bin Che Morat

Citation

02(i)-5-01/2020(W) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-5-01/2020(W) (Mahkamah Persekutuan)

Registration and the deeming provisions of the RTA (notably section 109) impose liability on the insurer for third party claims even if the insured may have divested insurable interest by informal sale; an insurer seeking a declaration under section 96(3) RTA must comply with the proviso (notice and service to the third party claimant before liability is incurred) otherwise the declaratory order will not bind the third party; disputed factual issues of liability should be resolved at trial and not by originating summons.
5 Aug 2022

Malaysian Motor Insurance Pool AQMAL BIN DAKHIRUDDIN

Citation

02(f)-8-01/2020(B) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-8-01/2020(B) (Mahkamah Persekutuan)

The Federal Court held that (1) registration under the RTA imposes liability on the insurer for third party claims despite the insured having ceased to have insurable interest in the vehicle if the vehicle remains registered in the insured's name and statutory deeming provisions apply; (2) an insurer seeking a declaratory order under s96(3) must comply with the proviso requiring notice to the plaintiff in existing proceedings before or within seven days of commencing the declaratory action or the insurer cannot rely on that declaration against that plaintiff; and (3) s96(3) is not to be used…
5 Aug 2022

PACIFIC & ORIENT INSURANCE CO BERHAD Yeap Tick In

Citation

02(f)-41-08/2020(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-41-08/2020(W) (Mahkamah Persekutuan)

Registration under the RTA and the statutory third party insurance scheme impose insurer liability to innocent third party claimants where the registration shows the insured as owner and the policy is valid and subsisting; an insurer cannot avoid third party liability merely because insured may have sold possession absent lawful transfer under s13; an insurer seeking a declaratory order under s96(3) must comply with the proviso (notice to plaintiff within seven days and opportunity to join), and courts should not decide contested factual issues of negligence by originating summons but leave s…
5 Aug 2022

AMGENERAL INSURANCE BERHAD 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad 3. ) Nakiuddin Bin Ahmad

Citation

02(f)-75-10/2019(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-75-10/2019(W) (Mahkamah Persekutuan)

Registration/deeming provisions in the Road Transport Act 1987 (notably s.109) and statutory scheme for compulsory third‑party motor insurance (ss.90,91,94,95) impose liability on insurers to innocent third party victims notwithstanding that an insured may have ceased to have an insurable interest; additionally an insurer cannot avail itself of a s.96(3) declaratory order to defeat a third party unless it complied with the proviso to s.96(3) (service and specified grounds) before the date liability was incurred, and courts must not decide contested factual issues affecting liability by origin…

Malaysia Case Law

MFORCE BIKE HOLDINGS SDN. BHD. ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD

LIEW WEI KUAN AXA AFFIN GENERAL INSURANCE BERHAD

PACIFIC & ORIENT INSURANCE CO. BERHAD ARNANDAN A/L SORIA DEMADU

Mohamad Zulkarnain Bin Mustafa 1. ) XXXX 2. ) Ainon Binti Ishak 3. ) Mohamad Mukriz Bin Che Morat

Malaysian Motor Insurance Pool AQMAL BIN DAKHIRUDDIN

PACIFIC & ORIENT INSURANCE CO BERHAD Yeap Tick In

AMGENERAL INSURANCE BERHAD 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad 3. ) Nakiuddin Bin Ahmad