HIGH COURT MALAYA KUALA LUMPUR
PRUDENTIAL ASSURANCE MALAYSIA BERHAD – Appellant
Versus
MARIANA MUHAMMAD & ORS – Respondent
JUDGMENT
A. Introduction
[1] For convenience, the parties shall be referred to as they are in the Sessions Court , namely the respondents as the plaintiffs, and the appellant as the defendant.
[2] The plaintiffs filed the action in the Sessions Court primarily to reinstate their insurance policies which had been cancelled. The plaintiffs claimed the cancellation of the policies was the result of forgery committed by an agent of the defendant. The Sessions Court allowed the plaintiffs' claim, and the defendant appealed to this Court .
[3] For the reasons explained below, the Court allowed the defendant's appeal and overturned the decision of the learned Sessions Court Judge ("SCJ").
B. Background Facts
[4] The plaintiffs are customers of the defendant, and the holders of the following insurance policies with the defendant:
a. PRULink One Medical Card No 34901809 ("Policy 1809");
b. PRUMy Child Medical Card No 34485027 ("Policy 5027");
c. PRULink One Medical Card No 34927750 ("Policy 7750");
d. PRULady No 20626550 ("Policy 6550"); and
e. PRULife Partner No 35242392 ("Policy 2392")
(collectively, the "Policies").
[5] An agent named Maszurah Salleh ("Agent") was appoin
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