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2021 MarsdenLR 3137

HIGH COURT MALAYA KUALA LUMPUR
TEE WEI CHIANG – Appellant
Versus
GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BERHAD – Respondent


Petitioner Advocates:Godfrey Philip D'Cruz,Mak Jun Yeen ,Respondent Advocate: Andrew Teh,Tan Chong Pei

JUDGMENT

Ahmad Fairuz Zainol Abidin J:

Introduction

[1] This writ action was filed against the Defendant ("GE") premised on the alleged breach of agency agreement by GE.

[2] After the completion of trial, this Court found that the Plaintiff failed to prove his case against GE. This is the Grounds of Judgment of this Court.

Background Facts

[3] In 2004, the Plaintiff was appointed as an insurance agent of GE by virtue of an agency agreement executed on 23 September 2004 ("the Agency Agreement").

[4] The Plaintiff subsequently was designated as a Unit Sales Manager on 1 January 2007. Then beginning 1 January 2011, he was redesignated as a Life Insurance Advisor.

[5] In 2013, GE received a written complaint from one of its customers, Madam Wong Kok Foong ("Madam Wong"), alleging in essence that she had paid a large sum of money to the Plaintiff to purchase seven (7) policies issued by GE inclusive of Personal Accident (PA) policies offered by Overseas Assurance Corporation (Malaysia) Berhad ("OACM") through the Plaintiff. The Plaintiff represented to her that the payment of premiums for the seven (7) policies were one-off. Madam Wong subsequently discovered that she had to continue paying the


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