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HIGH COURT MALAYA KUALA LUMPUR
JAN DE NUL (MALAYSIA) SDN BHD – Appellant
Versus
BERJAYA SOMPO INSURANCE BERHAD – Respondent
| Table of Content |
|---|
| 1. overview of claim origin and insurance policy. (Para 1 , 5 , 8) |
| 2. insured's rights under composite policies. (Para 2 , 3) |
| 3. insurer's responsibilities towards claims under unforeseen circumstances. (Para 11 , 33) |
| 4. exclusions must be proven by the insurer. (Para 26 , 27) |
| 5. no liability unless exclusions are clearly established. (Para 28) |
| 6. existing evidence points away from negligence by the plaintiff. (Para 220 , 222) |
[1] The plaintiff's claim under a Contractors All Risks ("CAR") Policy against the defendant is for the losses it sustained as a result of the collapse of a reclaimed platform that it was building from the seabed in the Johor Straits.
[2] The CAR Policy was "For Their Respective Rights and Interests-FTRRI" of the Employer for the entire Lido Boulevard Project as the principal and its various Contractors and their Subcontractors, the consultants and other Professionals named in the Policy for total value of RM1.83 billion for a period of insurance from 1 March 2010 to 31 December 2016.
[3] The Lido Boulevard Project consisted of a proposed mixed development of office, luxury condominiums, cultural centre and a green recreational park.
[4] The plaintiff'
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