Malaysia October 9 2017 Bank Negara Malaysia (i.e. the Central Bank of Malaysia) (BNM) had on 28 September 2017, issued an exposure draft of the Outsourcing Guidelines (Exposure Draft) to obtain public and industry feedback on the proposed regulatory requirements.…
Legislating and legalising e-hailing
This means an official nod for Uber and Grab….expected to be gazetted on 1 April, this also mean the need to have the motor insurance policy extended for passengers cover while on e-hailing. This brings some excitement for the GI industry for more premium to be collected from this extension (that’s what we all thought). ….that’s not going to happen….
Clyde & Co LLP Malaysia March 3 2017 The Malaysian Aviation Commission (“the Commission”), an independent adviser to the Malaysian Ministry of Transport, recently established the Malaysian Aviation Consumer Protection Code 2015 (“the Code”) to protect passengers’ rights in Malaysia. The…
As announced by the Bank in 2016, measures are currently being taken by the Bank to implement broad reforms in the motor insurance market, which includes the gradual liberalization of the motor insurance tariffs. This aims to promote a more competitive motor insurance market, while ensuring affordable motor insurance premiums in the long term. Without appropriate arrangements to control inflated and fraudulent claims which are being addressed as part of the reforms, these objectives will be severely undermined.
The Competition Commissioner had issued a notice to require provision of information and document by all 22 insurers and their Association under section 18(1) of the Competition Act 2010. The notice further states the Commission has commenced an investigation against them under section 15(1) of the Act where the Commission has reason to suspect the 23 listed parties have infringed or are infringing section 4(2)(a) of the Act in relation to and agreement to fix prices or charges in regards to the following for the period between (sometimes in) July 2011 and up until the date of this Notice….
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.
In 2012, the following orders were also introduced under the Insurance Act 1996 (now repealed and replaced by Financial Services Act 2013) to strength those liberalisation measures:
Insurance (Exemption)(No. 2) Order 2012; Insurance (Exemption)(Amendment) Order 2012; and Insurance (Approved International Marine, Aviation and Transit Insurance Brokers) Regulations 2012