Judgment after trial – Liability - Insurance claims by the insureds for loss and damage arising from a fire incident – Whether the insureds entitled to claims extended on indemnity basis - Whether the fire was accidental and deliberately caused – Whether the Plaintiff in breach of the Insurance Policy which restricted the storage and to exclude liability of the insurer – The National Fire Protection Association 921: Guides for Fire and Explosion Investigations – Examination of scientific component by the experts – Examination of “Multiple Seats of Fire” Theory – Whether there is full room involvement – Whether the low-level burnings may cause separate fires - Expert’s failure to support their narrative of incendiary fire ignited in the absence of evidence of any accelerant at the identified multiple seats of fire – The Court’s found that the fire was accidental and not deliberately caused – The assessment or measurements available for verification of the volume of oils is based very much on estimation and unsupported data. The Warranty has not thus not been breached by the Plaintiff.
5 cases · Part of Judgment after trial
wa-22ncc-329-08-2018 MYHC
SUPREME POWER AUTO SDN BHD v LIBERTY INSURANCE BERHAD PIHAK TERKILAN CHONG YING KEONG
13 March 2025
wa-22ncc-330-08-2018 MYHC
SUPREME POWER AUTO SDN BHD v MSIG INSURANCE (MALAYSIA) BERHAD PIHAK TERKILAN CHONG YING KEONG
13 March 2025
wa-22ncc-542-11-2018 MYHC
SUPREME POWER AUTO SDN BHD v ALLIANZ GENERAL INSURANCE (MALAYSIA) BERHAD
13 March 2025
wa-22ncc-541-11-2018 MYHC
Yong Thien Wieo v ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD PIHAK KETIGA 1. ) Supreme Power Auto Sdn Bhd 2. ) Lim Chaw Teng 3. ) Lim Teck Boon
13 March 2025
wa-22ncc-543-11-2018 MYHC
Lim Sze Way v ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD PIHAK KETIGA 1. ) Supreme Power Auto Sdn Bhd 2. ) Lim Chaw Teng 3. ) Lim Teck Boon
13 March 2025