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2018 MarsdenLR 3205

HIGH COURT MALAYA KUALA LUMPUR
ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD – Appellant
Versus
CHUBB INSURANCE MALAYSIA BERHAD – Respondent


Petitioner Advocates:Liew Teck Huat,Lim Qi Si ,Respondent Advocate: Robert Lazar,Lai Wai Fong

Table of Content
1. criteria for discovery applications must emphasize relevance and specificity. (Para 1 , 10)
2. reinsurance obligations are primarily dictated by structured clauses prioritizing the main insurer's decisions. (Para 3 , 4 , 5 , 6 , 8)
3. reinsurance contract obligations. (Para 7 , 9)

[1] The defendant had through a notice of application, sought to obtain discovery of some documents from the plaintiff. The application was made pursuant to the provisions of O 24 r 3 Rules of 2012, or the inherent jurisdiction of the Court.

[2] I had dismissed the application with costs. The defendant has appealed against the decision. This judgment will be concise, to enable the defendant have its appeal heard expeditiously, as this suit has already been set down for trial.

Brief Facts

[3] The plaintiff was the lead insurer of the 'Machinery Breakdown Policy' for the Prai Power Plant. As the lead insurer, the plaintiff assumed 55% of the risk. The defendant had assumed 6% of the plaintiff's 55% risk through a reinsurance contract.

[4] An incident occurred at the Prai Power Plant on the 18 July 2015, which led to a forced outage. A claim was made on the plaintiff's policy.

[5] The plaintiff pa

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