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2024 MarsdenLR 1590

HIGH COURT MALAYA PENANG
DATO ABDUL SUBAHAN MYDIN PITCHAY & ANOR – Appellant
Versus
KHOO KHAY OON & ANOR – Respondent


Petitioner Advocates:Rajivan Nambiar,Nur Aiman Sharizal ,Respondent Advocate: Elson Beh Hong Shien,Joel Ng Chung Ern

Judgement Key Points

Key Points: - The policy could not be revived after the life assured's death; revival requires alive life to insure (!) (!) (!) - A life insurance policy cannot be revived post-death and payments after death do not revive the policy (!) (!) (!) - The insurance agent does not owe fiduciary or duty of care to prevent lapsation of the policyholders; duties align with principal insurer and confidentiality; no direct duty to the deceased or nominees (!) (!) (!) (!) (!) (!) - The payment of RM270.00 by the deceased after lapsation did not revive the policy; waiver/estoppel not established; revival requires revival formalities and healthy life at time of revival (!) (!) (!) (!) (!) (!) - The policy terms require in-force status at death for death benefit payable; lapse defeats eligibility (!) (!) (!) - Notices and communications via email/SMS acceptable under policy terms; not required to ensure reading by policyholder, but communications sufficed to inform (!) (!) (!) (!) - Court dismissed plaintiffs’ claims and found costs against plaintiffs and in favor of defendants (!)

What is the effect of policy lapse on death benefit claims under Malaysia's life insurance contracts?

What is the extent of an insurance agent's fiduciary or duty of care to prevent lapsation?

What are the limitations on reviving a lapsed life insurance policy after the death of the life assured?


JUDGMENT

Quay Chew Soon J:

Introduction

[1] This action arose from a rejection of a death benefit claim of a life insurance policy ("policy") of an individual named Nazrul Affendi bin Abdul Subahan ("deceased"). During his lifetime, the deceased had purchased the policy from the 2nd Defendant ("D2"). The 1st Defendant ("D1") is an insurance agent for D2.

[2] The Plaintiffs are the nominees of the deceased under the policy. The 1st Plaintiff is the father of the deceased. The 2nd Plaintiff is the wife of the deceased.

[3] After a full trial, I dismissed the Plaintiffs' claim. Here are the grounds of my judgment.

Background Facts

[4] The Plaintiffs' claim is based on the policy issued by D2 to the deceased. The policy was issued upon the deceased's application vide a Life Insurance Regular Premium Proposal Form dated 1 November 2013 ("proposal form").

[5] It was stated by the deceased in the proposal form that: (a) the deceased's mobile telephone number is '019-4444440'; (b) the deceased's email address is 'dgresources@yahoo.com'; and (c) the deceased's preferred mode of contact is 'Mobile Tel.' and 'Email'.

[6] In April 2019, the deceased redeemed units from the Investment Linked Funds vide

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