Insurance

5 cases · November 2023 to December 2025

Case Volume by Year

1
23
4
25
2023–2025

Key Issues & Sub-Topics

Fidelity Guarantee Policy — Fraud or dishonesty of employee — Construction of policy terms — Requirement that act be committed during "uninterrupted continuance of employment" — Loss resulting from encashment of forged cheques after employee’s resignation — Whether theft of cheque books during employment constitutes the policy trigger — Burden of proof — Identification of perpetrator — Standard of appellate intervention. 1 Motor insurance — Construction of policy — Policy provided that the insurer would indemnify the owner of the lorry and any authorized driver against third-party risks. 1 Life policy — Nomination — Non-family nominee — Distribution of proceeds — Application of Paragraph 5 and Paragraph 6 of Schedule 10 Financial Services Act 2013 1 Subrogation — Whether insurers have locus standi to sue in own name — Whether subrogation rights validly exercised — Whether subrogation claim sustainable against non-tortfeasor 1 Motor insurance — Road Transport Act 1987, s. 96(3) — Timing of policy — Policy purchased after accident — Commencement time specified in Policy Schedule — Declaratory relief sought by insurer — Duty of utmost good faith (uberrimae fidei) — Non-disclosure of material facts — Financial Services Act 2013, Schedule 9 — Failure to disclose pre-existing accident when purchasing policy — Statutory right of insurer to seek declaration — Effect of Motor Insurers' Bureau Agreement — Remedies available to third party claimant 1

Fidelity Guarantee Policy — Fraud or dishonesty of employee — Construction of policy terms — Requirement that act be committed during "uninterrupted continuance of employment" — Loss resulting from encashment of forged cheques after employee’s resignation — Whether theft of cheque books during employment constitutes the policy trigger — Burden of proof — Identification of perpetrator — Standard of appellate intervention. 1 case

Motor insurance — Construction of policy — Policy provided that the insurer would indemnify the owner of the lorry and any authorized driver against third-party risks. 1 case

Life policy — Nomination — Non-family nominee — Distribution of proceeds — Application of Paragraph 5 and Paragraph 6 of Schedule 10 Financial Services Act 2013 1 case

Subrogation — Whether insurers have locus standi to sue in own name — Whether subrogation rights validly exercised — Whether subrogation claim sustainable against non-tortfeasor 1 case

Motor insurance — Road Transport Act 1987, s. 96(3) — Timing of policy — Policy purchased after accident — Commencement time specified in Policy Schedule — Declaratory relief sought by insurer — Duty of utmost good faith (uberrimae fidei) — Non-disclosure of material facts — Financial Services Act 2013, Schedule 9 — Failure to disclose pre-existing accident when purchasing policy — Statutory right of insurer to seek declaration — Effect of Motor Insurers' Bureau Agreement — Remedies available to third party claimant 1 case

Key Statutes

cited in 2 cases
Civil Law Act 1956
cited in 1 case
Distribution Act 1958
cited in 1 case
Insurance Act 1966
cited in 1 case
Federal Constitution
cited in 1 case
cited in 1 case
cited in 1 case
cited in 1 case

Court Distribution

Key People & Firms

Cases