This second edition of The Law of Motor Insurance offers a timely and authoritative guide to the current legal frameworks governing motor insurance in Malaysia. It highlights judicial trends, identifies regulatory gaps, and provides recommendations for policy reforms aimed at enhancing protection for insurers, insured parties, and passengers.

Rich with case law analysis, policy critique and reform-oriented insights, this book is indispensable for legal practitioners, insurance professionals, academics, and policymakers seeking to navigate the nuances of motor insurance law in Malaysia.

From the cross-border implications raised in Nippon Fire v Sim Jin Hwee to the definition and scope of “road” under the Road Transport Act 1987, this book tackles crucial legal uncertainties affecting motorists, insurers and third-party claimants alike. It delves into unresolved issues such as liability on private and gated roads, carpooling and gaps in e-hailing coverage, along with compulsory passenger liability. Of key significance are the judicial pronouncements reshaping the legal landscape, including the Federal Court’s decisions in Malaysian Motor Insurance Pool v Tirumeniyar and Chen Boon Kwee v Berjaya Sompo Insurance Bhd.

This publication is authored by a practitioner who is no stranger to motor insurance matters, having had more than four decades of experience as a practitioner. His knowledge, experience, and insights shine through in this comprehensive and authoritative reference.

Key Developments Covered in this edition

• Practical burdens imposed by section 96(3) of the Road Transport Act in today’s digital insurance setting.
• The treatment of lorry attendants and bus conductors post-Saw Poh Wah.
• The challenges of online renewals, backdated cover notes, intervener proceedings and transfer of insurance interest.
• Interplay between policy terms, exclusion clauses and statutory duty in consideration of recent Malaysian and Indian case law.
• Definition and scope of “road” under the Road Transport Act, with implications for claims involving private or gated community roads.
• Issues in modern transport modes such as carpooling and e-hailing, and their insurance coverage shortfalls.
• Impact of recent amendments like the Limitation (Amendment) Act 2018 and obligations under the Financial Services Act 2013 concerning disclosure duties and consumer protections in online insurance marketing.
• Clarification on complex policy interpretations and court rulings including local and foreign case authorities.

Table of Contents

Part A

1. Chapter A1: Compulsory Motor Insurance Under the Road Transport Act 1987
2. Chapter A2: Policy Required to Be Taken Out Under the Road Transport Act 1987
3. Chapter A3: Statutory Duty of Insurers to Satisfy Judgments
4. Chapter A4: The Motor Insurers’ Bureau
5. Chapter A5: Procedure for Motor Insurance Claims
6. Chapter A6: Formation of Contract

Part B

1. Chapter B1: The Motor Policy
2. Chapter B2: Section “A” of the Policy – Loss of Damage to Vehicle
3. Chapter B3: Section “B” – Liability to Third Parties
4. Chapter B4: General Exception (Exclusions)
5. Chapter B5: Conditions
6. Chapter B6: Endorsements