[1] At the end of 2004, Mr Tan Jing Jeong ('TJJ') had bought an insurance policy from the Allianz Life Insurance Malaysia Berhad ('the defendant insurance company'-D1), through one of its agents by the name of Mr Ong Tuan Soon (OTS-D2). The insurance product was a Life Policy known as the 'Investpro'. It was undisputed that, among others, the terms of the Investro policy had included the following:

(a) the premium of the policy was RM400,000 per annum;

(b) that the life insurance coverage was RM8 million;

(c) the total and permanent disability coverage was RM1 million;

(d) that the monthly service charges was RM3; and

(e) the fund management charge was 1.5% p.a.

[2] This product was in the nature of an investment-linked insurance policy and as such a certain portion of the premium was allocated for investment-linked fund for the purpose of yielding returns from the investment. In fact, it was provided that 45% of the premium of RM400,000 which had translated to RM180,000, was earmarked for that very purpose.

[3] TJJ had paid the first year premium for this Investpro insurance product in full and he had expected a reasonable return from his investment in the Investpro poli