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2015 MarsdenLR 2154

COURT OF APPEAL PUTRAJAYA
AMGENERAL INSURANCE BERHAD – Appellant
Versus
ISKANDAR MOHD NULI – Respondent


Table of Content
1. estoppel may arise from conduct that implies a waiver of a right. (Para 1 , 11)
2. the legal obligations of insurers can extend beyond written policy limitations. (Para 12)

[1] This appeal is against the decision of the Kuala Lumpur High Court dismissing the appellant's claim for, inter alia, a declaration that the appellant is not liable to satisfy any judgment that may be entered by a Malaysian passenger who was injured in a road traffic accident in Singapore against the respondent in a Singapore suit (commenced as a result of a road traffic accident in Singapore), on the ground that the insurance policy for the car driven by the respondent, which was issued by the appellant, does not cover passenger liability.

[2] In this judgment, the appellant and the respondent shall be referred to as the plaintiff and the 2nd defendant respectively. Brief Account Of The Salient Facts

[3] On 26 November 2010, the owner ("Shahrul") of a Motorcar No: WTG 4225 ("the car") took out a motor insurance policy ("the policy") on the car with the plaintiff for the period from 26 November 2010 to 25 November 2011.

[4] On 13 December 2010, Shahrul loaned the car to the 2nd defendant to driv

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