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HIGH COURT MALAYA KUALA LUMPUR
LIBERTY INSURANCE BERHAD – Appellant
Versus
MARRISON ANAK SIDAI & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiff sought a declaration regarding insurance policy validity under s 96(3) rta. (Para 1 , 2 , 3) |
| 2. dispute arose regarding the timing of insurance coverage and its applicability to the accident. (Para 6 , 7 , 8 , 9) |
| 3. court emphasized contract interpretation guided by statutory provisions and intent. (Para 10 , 11 , 12 , 13) |
| 4. the court reinforced ruling on insurance coverage's retroactive application against established principles. (Para 14 , 20 , 24 , 26) |
[1] This is the Plaintiff's application, by way of an originating summons, for a declaration pursuant to s 96(3) of the Road Transport Act 1987 ("the RTA ") that Policy No. PMMA-519518 which provided insurance coverage for motor vehicle no. WVY 3851 ("the Vehicle") for the period between 19 May 2016 (specifically from 2.51 pm) and 18 May 2017 ("the Policy") is void and unenforceable with respect to a road accident which occurred on 19 May 2016 (at around 12 noon) involving the Vehicle and motorcycle no. WWU 5936 claimed to be ridden by the Second Defendant ("the Accident").
[2] At the end of the hearing of the originating summons, I allowed the application. This judgment contains the full reasons for m
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