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HIGH COURT MALAYA KUALA LUMPUR
SIVA PRAKASH RAMASAMY – Appellant
Versus
MCIS INSURANCE BERHAD – Respondent
Key Points: - The Deceased’s material non-disclosure of medical history (2015 accident) and misrepresentation in occupation and income justified avoidance of P1, P2, and P4; policy P3 was paid before repudiation. (!) (!) (!) - The P4 proposal form signatures were found forged, rendering P4 void ab initio; contracts void due to forged consent. (!) (!) (!) - The insurer is not estopped from repudiating policies due to separate contracts and due to evidence of fraud; waiver provisions under Schedule 9 do not negate the duty of disclosure. (!) (!) (!) - The insurer’s duty to inform about pre-contractual disclosure under para 5(7) was satisfied; marketing campaigns (waiver of medical exams) do not negate disclosure duty. (!) (!) (!) - The overall conduct and investigations were reasonable; no unconscionable conduct established; estoppel not applicable to override insurance principles. (!) (!) (!)
JUDGMENT
[1] This judgment concerns a claim by the Plaintiff, Siva Prakash a/l Ramasamy, as executor and trustee of the estate of the Jachiswaran a/l Duroy Selvam ("the Deceased'), against the Defendant insurance company, MCIS Insurance Berhad, for failing to pay out on four life insurance policies. The key issues in dispute are firstly, whether the Deceased made misrepresentations or failed to disclose material facts about his health and income in the policy proposal forms,enabling the Defendant to avoid the policies. Secondly, the Defendant alleges the Deceased's signatures on one proposal form were forged. The court must weigh the evidence, including medical reports, salary documents, and expert opinions from handwriting analysts on both sides. Underlying this case are important questions about the duties of disclosure and good faith between insurers and consumers, and how the court should evaluate contested evidence to arrive at a just outcome.
Background Facts
[2] The Plaintiff is the Executor and Trustee of the estate of the Deceased, appointed through a Grant of Probate dated 21 July 2020.
[3] Between 2016 and 2019, the Deceased took out four insuran
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