JUDGMENT

Tengku Maimun J:

[1] The plaintiff insured the entire Diethelm and its associated companies under a Marine Open Cover Policy. The policy is for any loss or damage to Diethelm's goods being shipped as an export/import from any ports/airports and/or places in the world from warehouse to warehouse and also for all inland transit and transportation from any of Diethelm's premises to customers/principals/dealers/stockists and/or ports/airports and vice versa within Malaysia, Singapore, Brunei and Thailand. The policy covers the period of 1 January 2005 until 31 December 2005.

[2] Diethelm had a written transport and delivery agreement with Tomatrans (M) Sdn Bhd for the transportation of the goods belonging to Diethelm in the southern zones of West Malaysia. Tomatrans had taken out a Marine Cargo Insurance Policy with the defendant. The insured under the defendant's policy is Tomatrans and the nominated sub-contractors and the interest insured are "Goods Held in Trust". The territorial limit of the policy was within Peninsular Malaysia and Singapore and the period of insurance was from 18 March 2005 to 17 March 2006.

[3] As a result of two cases of theft and hijack of two lorries be