SUPREME POWER AUTO SDN BHD v ALLIANZ GENERAL INSURANCE (MALAYSIA) BERHAD

wa-22ncc-542-11-2018 High Court (Mahkamah Tinggi) 13 March 2025 • WA-22NCC-542-11/2018

Catchwords

Judgment after trial – Liability - Insurance claims by the insureds for loss and damage arising from a fire incident – Whether the insureds entitled to claims extended on indemnity basis - Whether the fire was accidental and deliberately caused – Whether the Plaintiff in breach of the Insurance Policy which restricted the storage and to exclude liability of the insurer – The National Fire Protection Association 921: Guides for Fire and Explosion Investigations – Examination of scientific component by the experts – Examination of “Multiple Seats of Fire” Theory – Whether there is full room involvement – Whether the low-level burnings may cause separate fires - Expert’s failure to support their narrative of incendiary fire ignited in the absence of evidence of any accelerant at the identified multiple seats of fire – The Court’s found that the fire was accidental and not deliberately caused – The assessment or measurements available for verification of the volume of oils is based very much on estimation and unsupported data. The Warranty has not thus not been breached by the Plaintiff.

Practice Areas

Judgment after trial

Judges (1)

Ong Chee Kwan Delivered

Parties (2)

ALLIANZ GENERAL INSURANCE BERHAD Defendant SUPREME POWER AUTO Sdn Bhd Plaintiff

Case Significance

SUPREME POWER AUTO SDN BHD v ALLIANZ GENERAL INSURANCE (MALAYSIA) BERHAD is a High Court (Mahkamah Tinggi) decision dated March 13, 2025 (citation: wa-22ncc-542-11-2018). The case was decided by Ong Chee Kwan.

What was the outcome of SUPREME POWER AUTO SDN BHD v ALLIANZ GENERAL INSURANCE (MALAYSIA) BERHAD?

SUPREME POWER AUTO SDN BHD v ALLIANZ GENERAL INSURANCE (MALAYSIA) BERHAD is a High Court decision dated March 13, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.