Ahmad Fairuz Zainol Abidin J:

Introduction

[1] This claim was brought by the Plaintiff who has under its stable of entities a hospital, Universiti Kebangsaan Malaysia Medical Centre ("UKMMC"), against the Defendant, an insurer, under a Takaful insurance policy. The Plaintiff had been found liable for medical negligence in an action brought by one of UKMMC's former patients. Having failing to reverse the decision on appeal, the Plaintiff then sought indemnity from the Defendant as their insurer under the Medical Malpractice Indemnity Takaful ("MMIT") policy. It is an insurance to indemnify the Plaintiff against any claim, inter alia, for actual or alleged breach of professional duty in provision of any medical service by reason of any act, error or omission committed or allegedly committed by the Plaintiff provided that the alleged act or omission occurs after the retroactive date stated in the Schedule. The Defendant refused to indemnify on the grounds that the Plaintiff breached the Basis Clause of the policy which entitled them to repudiate liability on the terms and condition of the Takaful policy.

[2] At the conclusion of the trial, I dismissed the claim on the basis that