Tokio Marine Insurans Berhad
About Tokio Marine Insurans Berhad
Tokio Marine Insurans Berhad appears in 3 reported Malaysia court cases (2025). Tokio Marine Insurans Berhad is recorded as Respondent (3). These cases were heard before MYHC (3).
On the court record
A motor insurer litigating apportionment of liability, intervention in accident proceedings, and the reach of an employee exclusion in a motor policy.
Tokio Marine Insurans (Malaysia) Berhad appears in the corpus as a motor insurer in road-accident appeals and a matter of policy construction.
One matter, framed in Bahasa Malaysia, was a road-accident appeal in which the court allowed part of the plaintiff's appeal, finding the first defendant one hundred per cent liable for the accident, while maintaining the Sessions Court's dismissal of the claim against the second and third defendants. The court thus apportioned liability entirely to one driver and left the insurer's position on the other claims undisturbed.
A second matter concerned an appeal in which a claimant said to have sustained serious injuries, including the amputation of two fingers in a motorcycle accident, appealed the dismissal of his claim. The insurer had been allowed to intervene in the proceedings following a successful appeal upheld by the Court of Appeal. After a full trial the Sessions Court had dismissed the claim and allowed the insurer's counterclaim, and the High Court dismissed the claimant's appeal with costs; the grounds record that the claimant then appealed further to the Court of Appeal on liability, quantum and the counterclaim.
A third matter concerned the construction of a motor policy. The policy indemnified the owner of a lorry and any authorised driver against third-party risks, but exempted the insurer from liability for death or bodily injury caused to any person employed by the insured arising out of and in the course of employment. Where an employee travelling in the insured vehicle died due to the driver's negligence, the court examined whether the employee exemption was valid only as against the insurer's contract with the lorry owner and not against its contract with the authorised driver, who was not the employer.
These proceedings show an insurer litigating apportionment, intervention and the reach of policy exclusions. The narrative refers to natural persons by role and states outcomes only as recorded.
How many Malaysia court cases involve Tokio Marine Insurans Berhad?
Tokio Marine Insurans Berhad appears in 3 reported Malaysia court cases (2025).
Which courts does Tokio Marine Insurans Berhad appear in?
Tokio Marine Insurans Berhad appears before MYHC (3).
How did the court apportion liability in the first appeal?
It allowed part of the plaintiff's appeal, finding the first defendant one hundred per cent liable, while maintaining the dismissal of the claim against the second and third defendants.
What policy-construction question arose in the third matter?
Whether an exemption for injury to a person employed by the insured applied only as against the insurer's contract with the lorry owner and not against its contract with the authorised driver, who was not the employer.