JUDGMENT

Alizatul Khair Osman Khairuddin FCJ:

Introduction

[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as Justice Zainun Ali and Justice Ramly Hj Ali have since retired. This is the unanimous decision of the remaining judges of the panel.

[2] For ease of reference, we shall refer to parties as they were referred to in the High Court. This is an appeal by the insurer Malaysian Motor Insurance Pool, the plaintiff in the suit below pursuant to leave granted by this court on 6 October 2017.

[3] The sole question allowed by this court is as follows:

"Where a contract of insurance reproduces or substantially incorporates the exclusion of liability provided for under clauses (aa), (bb) and (cc) of the proviso to s 91(1), RTA, are those exclusions to be interpreted as applying equally to authorized drivers without the need for express exclusion of such liability."