SURENDRAN A/L THURAISINGAM v 1. ) ZURICH LIFE INSURANCE MALAYSIA BERHAD 2. ) KAMALAK KANNAN A/L THANGAVELU (BERNIAGA DI BAWAH KLINIK KANNAN)

wa-24ncvc-1341-04-2024 High Court (Mahkamah Tinggi) 2 October 2024 • WA-24NCvC-1341-04/2024 • 8 min read

Catchwords

Pre-action discovery application – Order 24 rule 7A Rules of Court 2012 to be read with Rule 8 – Subject of discovery application is a medical report used by insurance company to repudiate an insurance claim – 1st Defendant insurance company states that the medical report was in the Claim submitted by Plaintiff – No independent medical report in existence – 1st Defendant insurance company’s internal investigation is confidential – Order 24 rule 8 worded in the negative – Court to dismiss discovery application if discovery is not necessary – Court may take judicial notice of facts of common knowledge in public domain – 2nd Defendant was justified to state that the use of Metformin by Deceased was to lose weight – The use of Metformin is not to be regarded as a diagnosis of diabetes – Not necessary for discovery order to be made against the Defendants

Practice Areas

Civil Procedure

Judges (1)

Gan Techiong Delivered

Counsel (7)

Kassim Tadin, Wai & Co. Firm Rama Samuel & Associates Firm S N Fam & Co. Firm Freda Santhiagu Counsel Defendant Maxx Hii Counsel Plaintiff Reno Nga Counsel Plaintiff Vadivu Perumal Counsel Defendant

Parties (3)

ZURICH LIFE INSURANCE MALAYSIA BERHAD Respondent Kamalak Kannan a/l Thangavelu (berniaga Di Bawah Klinik Kannan) Respondent Surendran a/l Thuraisingam Applicant

Statutes Cited

Rules of Court 2012

Judgment

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Source: eJudgment (wa-24ncvc-1341-04-2024)