ALW CAR WORKSHOP SDN BHD vs AXA AFFIN GENERAL INSURANCE BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 2904

FEDERAL COURT PUTRAJAYA
ALW CAR WORKSHOP SDN BHD – Appellant
Versus
AXA AFFIN GENERAL INSURANCE BERHAD – Respondent

Petitioner Advocates:GK Ganesan,CC Lam,Sharavenan ,Respondent Advocate: Gurmukh Singh,Theebadarshini

Table of Content
1. insured is appealing a repudiated claim. (Para 1 , 2 , 11)
2. claim submitted for fire damage with concerns of exaggeration and fraudulent intent. (Para 3 , 4 , 5 , 6)
3. court's findings on the insured's failure to prove fraud. (Para 7 , 8)
4. initial judgment allowed for insured; court observed insufficient evidence of fraud. (Para 9)
5. legal principles surrounding insurance claims in regards to inflated amounts and the requirement of proving intent. (Para 12 , 46 , 52)
6. analysis of fraud and exaggeration in insurance claims. (Para 38 , 40 , 42 , 43)
7. appeal dismissed; insurer's liability repudiated. (Para 54)

[1] The appellant in this appeal, ALW Car Workshop Sdn Bhd (the Insured) is appealing against the decision of the Court of Appeal dated 13 April 2016 in deciding that the respondent, AXA Affin General Insurance Berhad (the Insurer) was entitled to deny liability and repudiate the fire-policy insurance on a claim submitted by the Insured on the ground that the claim was exaggerated and fraudulent.

[2] The Insured filed its claim in the High Court at Kuala Lumpur. The claim was allowed. On appeal to the Court of Appeal by the Insurer, the decision was reversed

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2019 MarsdenLR 2904

FEDERAL COURT PUTRAJAYAALW CAR WORKSHOP SDN BHD – AppellantVersusAXA AFFIN GENERAL INSURANCE BERHAD – Respondent

Cases Referred (1)

FEDERAL COURT PUTRAJAYA
ALW CAR WORKSHOP SDN BHD – Appellant
Versus
AXA AFFIN GENERAL INSURANCE BERHAD – Respondent