Chapter 9 - Claims for Property Damages

Question 1

PROPERTY DAMAGES

Overview

Answer 1

1) Necessary evidence
2) Reasonable
3) Property not belong to P
4) Depreciation
5) Total loss
6) Insured sum

Question 2

PROPERTY DAMAGES

Necessary evidence

Answer 2

Chip Fong (KL) Sdn Bhd v Guardian Royal Exchange Assurance (MY) Sdn Bhd:

• claims for property damages must be substantiated with necessary evidence.

Question 3

PROPERTY DAMAGES

Reasonable

Answer 3

Abdul Hamid v Tan Chu Kim:

• Sum claimed must be reasonable & not extravagant;
• OTF, court reduced the amount awarded.

Question 4

PROPERTY DAMAGES

Property not belong to P

Answer 4

Mohammed Mat Amin v Mohd Rabu Ihsan:

• cost of repairs will be awarded even though the property does not belong to P.

Question 5

PROPERTY DAMAGES

Depreciation

Answer 5

Lim Seong Choon & Anor v R. Rajaratnam:

• Claims for depreciation may be allowed, provided that expert evidence is called to testify.

Question 6

PROPERTY DAMAGES

Total loss

Answer 6

Motor & General Insurance Sdn Bhd v Pok Siong Kok & Ors:

• where a car is destroyed, sum may be awarded based on the market value of the car.
• must be proved with evidence.

Question 7

PROPERTY DAMAGES

Insured sum

Answer 7

Pacific & Orient Insurance Co Sdn Bhd:

• insurers are not always obliged to pay for the maximum amount of the sum stated in the policy;
• it all depends on the market value of the car at the time of loss.