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2005 MarsdenLR 2071

COURT OF APPEAL PUTRAJAYA
LEONG KUM WHAY – Appellant
Versus
QBE INSURANCE (M) SDN BHD ORS – Respondent


Petitioner Advocates:Belden Premaraj,PL Leong ,Respondent Advocate: Khoo Eng Chin

JUDGMENT

Gopal Sri Ram JCA:

[1] the appellant is seeking a reversal of the High Court's Judgment refusing to set aside an arbitrator's award. The award relates to claims made by the appellant against four different insurance companies on personal accident policies he had taken out with each of them. Of the four claims, three were dismissed by the arbitrator. He allowed the fourth but awarded interest at 8% per annum from the dated of the award, viz, 17 September 1999 and not from the date of the accident which was on 26 June 1992. Since each claim has its own peculiarities I had better deal with them separately.

[2] But before I do that, there are two matters that I need to attend to. First, I need to set out the issues that the parties to the arbitration formulated for the arbitrator to decide. These read as follows:

Leong Kum Whay v. QBE Insurance (M) Sdn Bhd

1. Whether the 1st Respondent had waived the requirement of disclosure by issuing the Renewal Certificate dated 11 March 1992 (CBD-8) without requiring the claimant to fill and submit a fresh proposal.

2. Whether the said Renewal Certificate has been obtained by the claimant by misrepresentation and/or non-disclosure of material f

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