JUDGMENT

Ong Chee Kwan J:

Introduction

[1] This is an insurance claim by the plaintiff against the defendants under their respective marine open cover policies.

[2] On or around 5 May 2019, the plaintiff's cargo carried onboard the vessel, MV Asian Trader, whilst sailing from Port Klang to Batam, Indonesia, had encountered heavy weather which resulted in the loss and damage to the entire cargo.

[3] Both the defendants rejected the plaintiff's claims, primarily on the grounds that the vessel was not classed with the International Association Classification Society as stipulated in the insurance policies and for breach of the warranty in the policies as the cargo, not being in containers, was carried on deck and also inadequately secured under deck.

[4] After hearing the testimonies of the witnesses and hearing the oral submissions of counsel and perusal of the relevant cause papers, I dismissed the plaintiff's claims with costs.

Background Facts

[5] The plaintiff is an established and well-known manufacturer of food and drink in Malaysia.

[6] The 1st defendant had issued an Open Marine Cargo Policy No BK- 05608893 ("the MSIG Policy") to the plaintiff, subject to the terms and conditions ther