Question
Jajane purchased an insurance policy on the life of her husband, Mr. Bharat and a property/dwelling insurance policy from SOKONGANDA Assurance Berhad under SokongAnda Life
Jajane purchased an insurance policy on the life of her husband, Mr. Bharat and a property/dwelling insurance policy from SOKONGANDA Assurance Berhad under "SokongAnda Life Care" policy and "Property/Dwelling Home Care Plan" policy respectively. The "Property/Dwelling Home Care Plan" policy was taken on the two (2) adjacent terrace houses which belongs to her father and one of which resided by her father. The policy provides protection for the house against any damage and/or structural destruction because of floods, fires, thunderstorms and any other known natural disasters with the aims of providing the house owner to rebuild his/her home in the event of a total loss. For the past three (3) years, Jajane have never failed to service her monthly instalment payments of premium for the said insurance policies and accordingly received her receipt for the said payments from SOKONGANDA Assurance Berhad.
Early last month after the request from her father, Jajane decided to visit her father for a family dinner at his home and after the dinner, Jajane and her husband decided to look around the two terrace house compound one of which had been left empty for the past four (4) months after the last tenants decided to move to another area because of his employment. While they were walking around the house, suddenly one of the electric poles in front of the terrace houses was broken and fell onto and hit the house causing the debris to struck Jajane's husband and injured him severely. The injuries resulted from the incident has caused Jajane's husband to pass away a few days later.
Jajane tried to claim under both the insurance policies but was rejected by the insurance company citing that Jajane lacked insurable interest in both policies. Jajane now seek your advice to take a legal action against SOKONGANDA Assurance Berhad.
Advise Jajane on the followings:-
1) Whether Jajane has an insurable interest on the two terrace houses owned by her father?
2) Whether Jajane has insurable interest on the life of her husband, Mr Bharat?
3) The effect of a life insurance policy taken by a person with no insurable interest as provided for under Paragraph 3 Clause (3) of Schedule 8 of the Financial Services Act.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started