Shanghai All Green Environmental Engineering demonstrates the Malaysian courts continued attempts to give effect to arbitration agreements and to discount attempts to renege on agreements to arbitrate by relying on technical objections.
Rounding up accomplices desperate to absolve themselves from debts and financial hardship, Tew Yee Jeng, a 40-year-old Malaysian, made several trips to Singapore between 2012 and 2014, where he would orchestrate scam traffic accidents to make insurance claims for property damage and bodily injuries. The drivers he recruited would abruptly slam their brakes on purpose, leading to collisions with vehicles behind them that could not be stopped in time to prevent a crash.
A riot is defined by Black’s Law Dictionary as: An assemblage of three or more persons in a public place taking concerted action in a turbulent and disorderly manner for a common purpose (regardless of the lawfulness of that purpose). An unlawful disturbance of the peace by an assemblage of usually three or more persons acting with a common purpose in a violent or tumultuous manner that threatens or terrorizes the public or an institution. Courts around the world have defined riots with some extensions to the original definition in Black’s Law Dictionary. For example, it has been defined as “the gathering of three or more persons” with the “common purpose” to do “an un/lawful act [with the intent to use] force or violence.” It has also been defined as requiring “”tumult” or disturbance” at the time of the action.
Section 94 and 95 of the RTA 1987 prohibits an insurer from relying on certain terms in an insurance policy for the purposes of excluding liability. On the other hand a term or condition which does not come within the purview of section 94 and 95 may be legitimately relied upon by the insurer for the purposes of excluding liability under the policy when a claim is brought by a third party. The question now is whether Section 91(1)(b) of the RTA 1987 can be legitimately relied upon by the Appellant to exclude liability. The answer to this question lies in section 95(k) of the RTA 1987 itself.
This article considers the issue, from a practical perspective, of the effect that indemnity clauses within contracts executed by “professionals” have on coverage under their professional indemnity insurance policy. In this context, a professional is one who has a professional indemnity insurance policy…. It is relatively common to find professionals signing away contracts containing various engagement or indemnity clauses to that the extent of exposing them towards indemnifying their clients and the owners in respect of….
Malaysian Insurers are now liable for passenger liability in any road accident involving Malaysian vehicle that occurred in Singapore regardless whether a liability to passenger cover is extended or not in the main policy. The Motor Insurers’ Bureau of Singapore (“SMIB”)…
I like this article that was written by one Ms Lim Ka Ea, on her recent experience trying to understand how the motor claims handling process works…. You can view it over at the malaysian insider. I can understand her…