HIGH COURT MALAYA KUALA LUMPUR
SIVA PRAKASH RAMASAMY – Appellant
Versus
MCIS INSURANCE BERHAD – Respondent
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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