KEJORA RESOURCES SDN. BHD. v CHUBB INSURANCE MALAYSIA BERHAD

wa-27ncc-38-08-2022 High Court (Mahkamah Tinggi) 7 April 2025 • WA-27NCC-38-08/2022 • 50 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

Full trial – significance of a warranty in the contract of marine insurance and the interpretation and scope of the warranty - the Defendant has breached the terms of the Policy when it failed and or refused to indemnify the Plaintiff for the claims submitted – the Defendant contends that they has no obligation to pay the Plaintiff because the Plaintiff has breached the warranty - the Defendant has not discharged its burden of proof that the warranty has been breached and that it is discharged from indemnifying the Plaintiff for its losses arising from the Incident.

Practice Areas

Insurance

Judges (1)

Ong Chee Kwan Delivered

Counsel (6)

Satha & Co Firm Sativale Mathew Arun Firm Aaron Siva Counsel Defendant Arun Krishnalingam Counsel Defendant Mishalini a/p Rajasegaran Counsel Plaintiff Satharuban Counsel Plaintiff

Parties (2)

CHUBB INSURANCE MALAYSIA BERHAD Defendant KEJORA RESOURCES Sdn Bhd Plaintiff

Statutes Cited

Civil Law Act 1956
s 5
Marine Insurance Act 1906
s 33(1)

Cases Cited (2)

UK (1)
[1992] 1 AC 233
MY (1)
[1966] 1 MLJ 140

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-27ncc-38-08-2022)