Ong Chee Kwan JC:

[1] This action has to do with the principle of uberrimae fide in a contract of insurance. The principle is trite. The duty has been described by the Court of Appeal in Leong Kum Whay v. QBE Insurance (M) Sdn Bhd & Ors, 2005 MarsdenLR 2071 as follows:

'It is settled beyond dispute that a contract of insurance is one that imposes mutual duty on the parties to it to act uberrimae fides towards each other. On the part of the insured, he or she must make full and frank disclosure of all material facts. It is not for him or her to decide in his or her own mind what is material... The duty is on the insured to make full disclosure of material facts within his knowledge.'

[2] The duty of disclosure has been codified in Malaysia in the Financial Services Act , 2013 (" FSA ") which lays down the duty of disclosure for all insurance contracts. More specifically, s 129 of the , which came into operation since 1 January 2015, provides that:

"Schedule 9 sets out the pre-contractual duty of disclosure and representations for contracts of insurance in Part 2, and the remedies for misrepresentations relating to contracts of insurance in Part 3".

[3]Schedule 9 of the FSA p