Question
Sam is a successful businessman. One day, Sam was approached by an insurance agent, Pam, from Best Western Life Insurance Bhd (BWL). Sam agreed to
Sam is a successful businessman. One day, Sam was approached by an insurance agent, Pam, from Best Western Life Insurance Bhd (BWL). Sam agreed to buy a medical insurance for himself. While filing the proposal form for his medical insurance policy, Sam did not disclose that he was treated for a heart condition five (5) years ago. He thought the problem was not serious since he no longer required treatment. BWL accepted Sams proposal and the medical insurance policy was issued to Sam.
One day, Sam suddenly suffered a heart attack. He was admitted to the hospital and had a minor operation. When Sam presented the medical claim to BWL, they denied their liability based on the reason that Sam failed to disclose his heart problem prior to the issuance of the policy.
Sam had also taken a policy of fire insurance from Best Northern Insurance Bhd (BNIB) to cover the loss should his office is damaged in a fire, One day, Sams office was on fire due to an electric short-circuit. During this tragic incident Sam did not make any attempt to stop the fire. He just stood aside and watched the fire engulfed his office. When he was asked by his staff to call the fire brigade, he spontaneously said, "Why should I worry? I've insured my office and I will claim indemnity from my insurance company."
In addition to the fire insurance policy, Sam also had taken life insurance coverage from the Insurance Glass Bhd (IG). He signed the agreement and paid his premium for the first month in cash upon signing. Due to internal management problem, IG delayed in issuing the insurance policy to Sam. Two (2) days after payment had been made but before a policy was issued, Sam died in an accident. GI refused to pay indemnity under the life insurance taken by the late Sam based on the reason that the deceased had died prior to the issuance of the insurance certificate.
Prior to his death, Sam bought a car and insured the car under his name with Syarikat Insurans Plywood Bhd (SIP). One day, Sams sister, Jam wanted to buy Sams car but she did not have sufficient money to pay for the car. Sam agreed that Jam would pay by instalment and she could use the car. One day, while driving the car, Jam was involved in an accident. When Jam submitted her claim to repair the car, SIP rejected the claim. Jam was very frustrated and claimed that she had an insurable interest since she had bought the car from Sam and the car was placed in her possession with Sams consent.
Settle the above problems.
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