ISKANDAR MOHD NULI v. AMGENERAL INSURANCE BERHAD

[2017] 4 MLRA 639
Federal Court, Putrajaya
Richard Malanjum CJSS, Suriyadi Halim Omar, Ramly Ali, Aziah Ali, Prasad Sandosham Abraham FCJJ
[Civil Application No: 02(f)-28-05-2016 (W)]
Richard Malanjum CJSS, Suriyadi Halim Omar, Ramly Ali, Aziah Ali, Prasad Sandosham Abraham FCJJ

Insurance : Motor insurance - Insurer's liability to satisfy judgment - Motor insurance policy issued by Malaysian insurer did not cover passenger liability - Whether Malaysian insurer liable to satisfy judgment obtained by victim of accident involving Malaysian registered vehicle in Singapore pursuant to a Special Agreement

In this appeal, the following questions of law, inter alia, required determination: (ii) whether pursuant to a Special Agreement (together with its annexures), a Malaysian insurer was liable to satisfy a judgment obtained by a victim of an accident (in the instant case, one Zuraini) involving a Malaysian registered vehicle in Singapore, even though the Motor Insurance Policy issued by the Malaysian insurer did not cover passenger liability; (iii) if question (ii) was answered in the affirmative, whether under the Special Agreement (together with its annexures), the Malaysian insurer was entitled to seek indemnity against the authorised driver of the Malaysian registered vehicle that was involved in the accident in Singapore; and (vi) whether evidence of "detriment" was necessary

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