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HIGH COURT MALAYA KUALA LUMPUR
TAN MOOI SIM & ANOR – Appellant
Versus
UNITED OVERSEAS BANK (MALAYSIA) BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claim based on insurance breach. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendant's argument on non-negligence. (Para 7 , 8 , 9 , 10) |
| 3. second defendant’s stance on non-disclosure. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. issues to be determined by the court. (Para 17 , 18 , 19) |
| 5. duty of disclosure in insurance contracts. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. impact of policy duration on disclosure. (Para 29 , 30 , 31 , 32 , 33) |
| 7. definition and proof of fraud in contracts. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 8. court's findings on fraud not proven. (Para 41 , 42 , 43 , 44) |
Hanipah Farikullah JC:
[1] The 1st plaintiff is the lawful wife of Heng Chong Teck, deceased and the 1st plaintiff and the 2nd plaintiff are the joint administrators of the estate of Heng Chong Teck, the deceased. The 1st defendant is a licensed financial institution. The second defendant is a licensed insurance company. The plaintiffs claim against the defendants for damages suffered as a result of breach of insurance policy No 11518 under Master Policy No EGS 10148 by the defendants. The defendants refused to pay on the grounds that there was a material non-disclosure
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