29.07.

2016
Research on Repudiation of insurance policy and late notification.
Background facts.
1. Insurance claim matter. By the insured to the insurance company. We are acting for
the insurance company.
2. The insured was working with a construction company. He was a contractor who
had the insurance policy with the insurance company.
3. Work given to him was to menaik taraf jalan persekutuan.
4. While doing the work, there was a third party accident where a boy fell and was hit
by a lorry and later died. Parents are claiming from the insured by saying that it is
because of the work that was happening he fell and met with the accident.
Instruction:
Look for cases (newest and from highest court) and look at textbooks for the issues
bellow:
1. What is the law or locus standi on repudiation of the policy based on late
notification of the accident?
2. Look at clause 5 of the policy. Whether this clause is to be applied strictly or are
there any exceptions to it? *The insured only informed the insurance company after 2
years, after receiving the Notice of Demand from the Plaintiffs.
3. There is a clause/heading to say that this contract also applies to sub-contractors.
One of the subcontractors knew about the accident on that day itself but did not
mention anything. So does that clause or heading applies to clause 5?
(Explanation: if clause 5 also applies to subcontractors, then clearly cannot claim
because they knew of the accident on that day but never mentioned anything. So if
clause 5 can be applied strictly, the insured cannot claim.)

Email to Mr. Nizam by 1st of August 2016.

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nizam@mkcj.my