“Whether an insurance policy’s/takaful certificate’s coverage begins from the time it was issued or from the start of the coverage date in the policy/takaful certificate?”
CASE:
BRIEF FACTS:
- On 23rd of December 2022, a road traffic accident occurred involving a motor car and a motorcycle.
- The motor car was owned by the 1st Defendant (“Mohd Khairul”) and was being driven by the 2nd Defendant (“Nurul Azera”) while the motorcycle was being ridden by the 3rd Defendant (“Mohamad Afiq”).
- On the same day of the accident, Mohd Khairul had purchased an takaful certificate/insurance policy from the Plaintiff (“Etiqa”) for his motor car.
- The certificate/policy was issued at 3.49PM on the 23rd of December 2022 and the period of coverage is from 23rd of December 2022 to 22nd December 2023.
- On 27th of December 2022, Mohamad Afiq lodged a police report stating that an accident had occurred on 23rd of December 2022 at around 3.45PM.
- On the same day, Nurul Azera had made a correction to her previous police report to amend the time of the accident to 2.47PM.
- Etiqa appointed an adjuster to investigate the circumstance of the accident and the findings showed two different time stamps from the evidence given by Nurul Azera and Mohamad Afiq.
- Etiqa sought a declaration from the Court stating that Etiqa should not be responsible for any claims made by Mohamad Afiq against Nurul Azera and Mohd Khairul as the takaful certificate/insurance policy was purchased after the accident had already happened.
- Etiqa contends that the takaful certificate/insurance policy only became effective from the specified time it was issued on the date of accident, meaning it does not cover the accident that occurred earlier that day.
- Etiqa further states that Mohd Khairul did not inform them about the accident when purchasing the certificate/policy which makes the certificate/policy invalid for the claim.
- Mohamed Afiq, however, contends that if there is no specific time mentioned in the Certificate/Policy, then the Certificate/ Policy will take effect from midnight on the start date regardless of when it was purchased.
THE DECISION OF THE HIGH COURT (HC)
- The HC highlighted that insurance documents must be read as a whole.
- Since the certificate/policy clearly stated it was issued at 3:49 PM on 23rd of December 2022, the coverage commences at the stated time of issuance.
- The HC took into account that evidences from both Nurul Azera and Mohamed Afiq which established that the accident happened before the certificate/policy was issued. Therefore, the accident fell outside the period of coverage.
- The HC was of the view that it would be unreasonable to expect Etiqa to enquire from Mohd Khairul whether he had been in an accident before issuing the certificate/policy.
- It was Mohd Khairul’s responsibility to disclose such information.
- As such, the HC ruled that Etiqa shall not be liable for any claims arising from Mohamed Afiq against Nurul Azera and Mohd Khairul.
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