Back
HIGH COURT MALAYA IPOH
AMMETLIFE INSURANCE BERHAD – Appellant
Versus
NANDAKUMAR APPU & ANOR – Respondent
| Table of Content |
|---|
| 1. misrepresentation established by agents. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on misrepresentation burden. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's findings on agency and liability. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. court emphasizes the principle of utmost good faith. (Para 28 , 29 , 30 , 31 , 32) |
| 5. importance of duty of disclosure by the insurer. (Para 51 , 52 , 53 , 54 , 55 , 56) |
[1] The Respondents filed a claim against the Appellant and two others (hereinafter referred to as the 2nd Defendant and the 3rd Defendant) for a declaration that the Life insurance policies No 000350155 and 000350156 issued by the Appellant be declared null and void for misrepresentation and mistake. The Respondents also claimed for the return of the premiums paid amounting to RM110 000, damages and costs in the Sessions Court vide Civil Suit B5-NCVC-06-01-2014.
[2] After a full trial, the learned Sessions Judge ('SJ') allowed the Respondents application. This is the Appellant's appeal against the said decision.
Facts
[3] The Respondents are husband and wife. The Appellant is an insurance company, whilst the 2nd Defendant was an authorised agent of the App
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
