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ARTICLE · 08 MARCH 2021

Case Commentary: Su Hock Guan v AXA Affin General Insurance Malaysia Berhad

The High Court in SU HOCK GUAN V AXA AFFIN GENERAL INSURANCE MALAYSIA BERHAD [2021] 1 AMR 205 held that the cause of action against an insurer under an indemnity insurance accrues...

MalaysiaInsurance

The High Court in SU HOCK GUAN V AXA AFFIN GENERAL INSURANCE MALAYSIA BERHAD [2021] 1 AMR 205  held that the cause of action against an insurer under an indemnity insurance accrues upon the occurrence of loss, not upon the repudiation of liability by the insurer.

BACKGROUND FACTS

The Appellant (“Insured”) had obtained a motor vehicle insurance policy (“Policy”) with the Respondent (“Insurer”).  The Insured intimated a claim to the Insurer pursuant to the Policy alleging that a fire on 24 April 2010 caused the motor vehicle to be damaged beyond repair.  On 15 June 2012, the Insurer repudiated the Insured's claim on the ground that the Policy was void ab initio.

On 16 May 2016, which was 6 years after the date of the fire incident, the Insured initiated a court action against the Insurer seeking compensation under the Policy. The Insurer filed an application to strike out the Insured's action on the ground that it was time-barred pursuant to Section 6 of the

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