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2021 MarsdenLR 2106

HIGH COURT MALAYA KUALA LUMPUR
SHIVA KUMAR DAY – Appellant
Versus
ALLIANZ LIFE INSURANCE MALAYSIA SDN BHD & ANOR – Respondent


Petitioner Advocates:Harvindar Singh Saran Singh ,Respondent Advocate: Christopher Foo,Chong Juen Quan,M/s Raja, Darryl & Loh

JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] This suit raised a question on when an insured's cause of action in an indemnity insurance policy against his insurer arise.

[2] There are two applications before the Court - enclosure (encl) 15 made by the 1st Defendant pursuant to O 18 r 19 (1) (b) and/or (d) of the Rules of 2012 ("ROC 2012") and/or under the O 92 r 4 ROC 2012 and Enc. 17 made by the 2nd Defendant pursuant to O 18 r 19 (1) (b) and/or (d) of ROC 2012 and/or under the O 92 r 4 ROC 2012 for striking out the Plaintiff's Writ dated 2 September 2020 and Statement of Claim ("SOC") dated 1 September 2020.

[3] On 18 February 2021, I heard both enclosures together as there were common questions of fact and law, reserved decision to 16 March 2021 and allowed both enclosures with costs. These are the reasons in amplification of the grounds delivered on 16 March 2021.

Background Facts

[4] Between July 2013 to January 2014, the Plaintiff applied for 5 life insurance policies from the 1st Defendant and was issued policies as follows:

[5] The Plaintiff claimed that that he was involved in an accident at work sometime in March 2013 and due to the injuries suffered and the existing "joint


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