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2018 MarsdenLR 3230

HIGH COURT MALAYA KUALA LUMPUR
GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BHD – Appellant
Versus
POOBALAN RAJAH – Respondent


Petitioner Advocates:Andrew Teh,Sara Anthony ,Respondent Advocate: Jason Mathews,Francine Rajendram,IJ Ng

[1] This is a writ action for various declaratory reliefs which essentially sought to nullify the insurance claims which were said to have been fraudulently made to the plaintiff by the defendant, and for the recovery of the insurance pay-out effected by the plaintiff to the defendant.

[2] Following the completion of trial, I ruled for the plaintiff and highlighted the key reasons for my decision. This judgment contains the full reasons for my decision.

Key Background Facts

The Policies, The Claim And The Pay-out

[3] The plaintiff is an approved insurance company. The defendant, a male individual, bought two insurance policies from the plaintiff. The total premiums payable for the first policy was RM9,895.10 and for the second policy, RM8,447.70. Both were for the basic assured sums of RM200,000 each, as well as a rider on, crucially for present purposes, total and permanent disability benefits amounting to RM300,000.

[4] On or about 19 May 2016, the defendant submitted a claim for critical illness benefits under both policies, by reason of his claim that he had suffered from a stroke with left-sided hemiparesis caused by hypertension.

[5] In making the claim to the plaintiff, the defend

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