CHEAH CHENG HUAT v AIG MALAYSIA INSURANCE BERHAD
Catchwords
1 The Plaintiff/Appellant is a veterinarian who procured several medical insurance policies from the Defendant/Respondent. Claims were subsequently made pursuant to those policies. It is well settled that an insurer's liability is circumscribed by the express terms, conditions, and exclusions of the policy in question. In the present case, the Defendant/Respondent disputes the Plaintiff/Appellant's entitlement to the claims on that basis. 2 The Sessions Court dismissed the Plaintiff/Appellant's claims after full trial. Being dissatisfied with that decision, the Plaintiff/Appellant has appealed to this Court. The task before this Court is therefore to determine whether the learned Sessions Court erred in fact and/or in law in rejecting the claim, such as to justify appellate intervention. 3. Unless otherwise stated, the parties shall be referred to as they were in the court below. The Superseding Issue 4 The overriding issue in this appeal is whether the Plaintiffs claims fall within the coverage of the policies when properly construed. 5 Following from this are these two pertinent questions, namely whether the Plaintiff has produced evidence to prove the said accident happened on 15 June 2012; and second, whether the Plaintiffs injuries are covered by the policies.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-12bncvc-18-07-2023)