Atan Mustaffa Yussof Ahmad J:

Introduction

[1] This judgment concerns a dispute between an insured party and an insurance company over the repudiation of insurance claims under two policies. The key issues in contention are whether there was material non-disclosure by the insured that justified the insurer's repudiation of the policies, and whether there was any fraud or forgery committed by the insurer's agents in the process of obtaining the policies. The insured seeks declaratory and monetary relief, while the insurer maintains its repudiation was lawful and valid.

Background Facts

[2] The 1st Plaintiff, Madam Ng Ee Nee ("Madam Ng") had subscribed to various insurance plans from the Defendant, Prudential Assurance Malaysia Berhad ("the Defendant") through her insurance agent, Madam Lok Ai Tee ('Lok') prior to the policies in dispute in this case. On 1 March 2010, Madam Ng subscribed to a PRUlink Assurance Plan with Policy No. 34034127 ("Policy 4127") for medical insurance and an Insurance Plan for critical illness known as Crisis Shield Benefit with Certificate No. 95266419 through Lok.

[3] Madam Ng became pregnant with her daughter, the 2nd Plaintiff, Ashley Cai Ryui Enn ("A