Ng Ai Sooe (Mendakwa sebagai Nomini dan Isteri yang sah / Wasi serta orang yang bertanggungan kepada Pemegang Polisi Insurans Hong Leong Assurance Berhad No. UL201818332354, OOI CHONG SHAN (“Si Mati”)) v 1. ) HONG LEONG ASSURANCE BERHAD 2. ) BEH JIN HAO 3. ) NEO SIEW SIEW 4. ) BEH MIN HUA
Catchwords
- Plaintiff the wife of the Deceased claiming for Death Benefit under an Insurance Policy which was repudiated by the Defendant Insurance Company on account of non disclosure of material facts and a breach of uberrimae fidei. Issues:- (a) whether the Deceased had disclosed all material particulars of his illness to the 1st Defendant through the Defendants agent (b) whether the Defendant is entitled to avoid the life insurance policy in view of the incontestability two year clause Held: (a) the Court concludes that the Plaintiff/Deceased had not disclosed the major illnesses to the Defendant prior to the issuance of the policy; (b) the incontestability 2 year clause did not apply as the misrepresentation or omission were on material matters and fraudulently made or omitted by the policy owner. (c) Plaintiff’s claim dismissed with costs.
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-22ncc-64-09-2023)