Insurance

64 cases · September 2018 to June 2026

Overview

Insurance appears in 64 reported Malaysia judgments (2018–2026).

In this practice area

Insurance collects the disputes over insurance policies, dominated by motor insurance and the statutory framework protecting road-accident victims under the Road Transport Act 1987. The judgments concern the liability of an insurer to third parties, the validity and timing of policies, and the declaratory relief by which an insurer resists a claim.

Third-party liability is a central subject. Judgments examine the insurer's liability to a passenger or other victim who has obtained judgment against the insured, the statutory presumption of liability under section 109(2) of the Road Transport Act 1987, and the protection sections 90, 91 and 94 to 107 confer on road-accident victims. The transfer of interest in a vehicle and the failure to register a change of ownership under section 13, and their effect on the insurer's liability, recur throughout.

Declaratory relief under section 96(3) of the Road Transport Act 1987 forms a distinct strand. The collection includes applications by an insurer for a declaration that it is not liable — for example, where a policy is said to have been issued or renewed only after the accident, so that it never took effect — and the requirement of notice in the proviso to section 96(3). The "one-policy-two-covers" principle and the timing stated in a cover note also appear. Beyond motor cover, the collection reaches the consent of the Minister of Finance under the Insurance Act 1996 and the transition to the Financial Services Act.

The cases sit mainly in the High Court, with appeals to the Court of Appeal and the Federal Court on the statutory scheme. As a whole the area shows how the Malaysian courts give effect to the protection the Road Transport Act 1987 provides to accident victims — holding insurers to their statutory liability — while allowing an insurer to resist a claim on the limited grounds the Act preserves.

Case Volume by Year

1
18
8
22
1
23
8
24
34
25
12
26
2018–2026

Key Issues & Sub-Topics

Fidelity Guarantee Policy — Fraud or dishonesty of employee — Construction of policy terms — Requirement that act be committed during "uninterrupted continuance of employment" — Loss resulting from encashment of forged cheques after employee’s resignation — Whether theft of cheque books during employment constitutes the policy trigger — Burden of proof — Identification of perpetrator — Standard of appellate intervention. 1 Motor insurance — Construction of policy — Policy provided that the insurer would indemnify the owner of the lorry and any authorized driver against third-party risks. 1 Life policy — Nomination — Non-family nominee — Distribution of proceeds — Application of Paragraph 5 and Paragraph 6 of Schedule 10 Financial Services Act 2013 1 Subrogation — Whether insurers have locus standi to sue in own name — Whether subrogation rights validly exercised — Whether subrogation claim sustainable against non-tortfeasor 1 Motor insurance — Road Transport Act 1987, s. 96(3) — Timing of policy — Policy purchased after accident — Commencement time specified in Policy Schedule — Declaratory relief sought by insurer — Duty of utmost good faith (uberrimae fidei) — Non-disclosure of material facts — Financial Services Act 2013, Schedule 9 — Failure to disclose pre-existing accident when purchasing policy — Statutory right of insurer to seek declaration — Effect of Motor Insurers' Bureau Agreement — Remedies available to third party claimant 1

Fidelity Guarantee Policy — Fraud or dishonesty of employee — Construction of policy terms — Requirement that act be committed during "uninterrupted continuance of employment" — Loss resulting from encashment of forged cheques after employee’s resignation — Whether theft of cheque books during employment constitutes the policy trigger — Burden of proof — Identification of perpetrator — Standard of appellate intervention. 1 case

Motor insurance — Construction of policy — Policy provided that the insurer would indemnify the owner of the lorry and any authorized driver against third-party risks. 1 case

Life policy — Nomination — Non-family nominee — Distribution of proceeds — Application of Paragraph 5 and Paragraph 6 of Schedule 10 Financial Services Act 2013 1 case

Subrogation — Whether insurers have locus standi to sue in own name — Whether subrogation rights validly exercised — Whether subrogation claim sustainable against non-tortfeasor 1 case

Motor insurance — Road Transport Act 1987, s. 96(3) — Timing of policy — Policy purchased after accident — Commencement time specified in Policy Schedule — Declaratory relief sought by insurer — Duty of utmost good faith (uberrimae fidei) — Non-disclosure of material facts — Financial Services Act 2013, Schedule 9 — Failure to disclose pre-existing accident when purchasing policy — Statutory right of insurer to seek declaration — Effect of Motor Insurers' Bureau Agreement — Remedies available to third party claimant 1 case

Key Statutes

cited in 10 cases
cited in 9 cases
Rules of Court 2012
cited in 6 cases
Financial Services Act 2013
cited in 5 cases
cited in 4 cases
Civil Law Act 1956
cited in 4 cases
cited in 3 cases
Federal Constitution
cited in 2 cases
cited in 2 cases
Road Traffic Act 1934
cited in 2 cases
cited in 2 cases
Marine Insurance Act 1906
cited in 2 cases
cited in 2 cases
cited in 2 cases
cited in 2 cases

Court Distribution

Key People & Firms

How many Insurance cases are reported in Malaysia courts?

64 reported Malaysia judgments (2018–2026) involve Insurance.

What kinds of insurance disputes dominate this area?

Motor insurance dominates, framed by the Road Transport Act 1987. The judgments concern an insurer's liability to third-party victims, the statutory presumption of liability under section 109(2), and the protection sections 90 to 107 give to road-accident victims.

What is the significance of section 96(3) of the Road Transport Act 1987?

Section 96(3) allows an insurer to seek a declaration that it is not liable, for example where a policy was issued or renewed only after the accident and so never took effect. The collection examines the notice requirement in the proviso and the timing of cover recorded in a cover note.

How do the courts treat a change of vehicle ownership?

The judgments consider the transfer of interest in a vehicle and the failure to register a change of ownership under section 13 of the Road Transport Act 1987, and the effect that has on whether the insurer remains liable to a third party.

Cases

Page 3 of 3
wa-22ncc-301-07-2021
Sinnamah A/p Munisamy (Pentadbir bagi harta pusaka Kovilan A/L Perumal, Si Mati, menurut Pemberian Surat Pentadbiran bertarikh 22.12.2022) v GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BERHAD
20 August 2024
MYHC
w-02ncvcw-1164-07-2023
Mohd Rashid Bin Mohd Noor v 1. ) Dato' Dr. Abd. Wahab Bin Abd Ghani 2. ) Dr Arul Balasingam 3. ) Ampang Puteri Specialist Hospital Sdn Bhd
1 July 2024
MYCOA
w-02ncvcw-314-03-2023
Dato' Dr. Abd. Wahab Bin Abd Ghani v 1. ) Mohd Rashid Bin Mohd Noor 2. ) Dr Arul Balasingam 3. ) Ampang Puteri Specialist Hospital Sdn Bhd
1 July 2024
MYCOA
w-02ncca-560-03-2022
1. ) Abdul Hair Bin Ali Hossain 2. ) Wan Ismail Bin Wan Kadir v 1. ) ZURICH GENERAL TAKAFUL MALAYSIA BERHAD 2. ) Nor Ashikin Binti Abd Rahman
24 March 2024
MYCOA
wa-24ncc-265-05-2023
ETIQA GENERAL INSURANCE BERHAD v 1. ) MOHAMAD SHAHFIZAL BIN ABDUL RASHID 2. ) REJAUL
7 November 2023
MYHC
02f-28-04-2021w
PACIFIC & ORIENT INSURANCE CO. BERHAD v 1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) Navin Naicker A/l Vijayan 3. ) Yahya Bin Yacob
4 August 2022
MYFC
02f-30-07-2020k
PACIFIC & ORIENT INSURANCE CO. BERHAD v ARNANDAN A/L SORIA DEMADU
4 August 2022
MYFC
02f-41-08-2020w
PACIFIC & ORIENT INSURANCE CO BERHAD v Yeap Tick In
4 August 2022
MYFC
02f-75-10-2019w
AMGENERAL INSURANCE BERHAD v 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad 3. ) Nakiuddin Bin Ahmad
4 August 2022
MYFC
02f-8-01-2020b
Malaysian Motor Insurance Pool v AQMAL BIN DAKHIRUDDIN
4 August 2022
MYFC
02f-90-11-2019w
1. ) PACIFIC & ORIENT INSURANCE CO BERHAD 2. ) MOHAMAD HELMI BIN ABD MUTALIB v Mohamad Rafiq Muiz Bin Ahmad Hanipah
4 August 2022
MYFC
02f-97-12-2019w
JESUDAS A/L PALANISAMY v PACIFIC & ORIENT INSURANCE CO BERHAD
4 August 2022
MYFC
02i-5-01-2020w
Mohamad Zulkarnain Bin Mustafa v 1. ) Ainon Binti Ishak 2. ) XXXX 3. ) Mohamad Mukriz Bin Che Morat
4 August 2022
MYFC
no-02f-137-11-2017p
PACIFIC & ORIENT INSURANCE CO. BHD v HAMEED JAGUBAR BIN SYED AHMAD
23 September 2018
MYFC