LIBERTY INSURANCE BERHAD v 1. ) KOAY GHEE SEONG 2. ) MOHAMAD MUNIR BIN A. HASAN

pa-24ncc-5-01-2025 High Court (Mahkamah Tinggi) 18 June 2025 • PA-24NCC-5-01/2025

Catchwords

Plaintiff (insurer) seeks to void third party motor vehicle insurance policy – Insured (registered owner of the vehicle) had already passed away when the policy was renewed – Whether breach of duty of utmost good faith – Whether any insurable interest to take out the policy – Defendant was injured in a road accident involving the insured vehicle – Whether defendant is an innocent third party who should be compensated pursuant to section 96(3) of the Road Transport Act 1987 – Regardless of contractual dispute concerning non-disclosure or capacity to contract, which is a matter between the insurer and the insured – Whether plaintiff failed to act as a prudent insurer when issuing the policy – Whether plaintiff is in breach of Schedule 9 of the Financial Services Act 2013.

Practice Areas

Banking & Finance Insurance

Judges (1)

Quay Chew Soon Delivered

Parties (3)

LIBERTY INSURANCE BERHAD Applicant Koay Ghee Seong Respondent Mohamad Munir bin A. Hasan Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-24ncc-5-01-2025)