Why should an innocent passenger pay for the driver’s fault? [Part-2]
She cannot drive. She did not buy the tyres. Yet an insurer says she should pay her father's ninety per cent. The law, and four jurisdictions, say otherwise.
Read MoreShe cannot drive. She did not buy the tyres. Yet an insurer says she should pay her father's ninety per cent. The law, and four jurisdictions, say otherwise.
Read MoreA three-year-old survives a fatal crash. Four doctrines collide. Some lawyers might confuse them. Here is how not to.
Read MoreAre we asking the right questions about legal training? Malaysia wants to retire the CLP — but the exam, and the training, were never the real danger. It is what we fail to teach.
Read MoreWho says that a third party victim of an accident, "cannot claim for property damage"? Would the Constitution treat personal injury as different from damage to a victim's property just because a statute ignores constitutional rights?
Read MoreHe touched his client money once; the law’s answer reveals what the profession fears most.
Read MoreHe crippled his wife, then nursed her for years — now his insurer calls that kindness a reason not to pay.
Read MoreThe victim was the insured’s husband, riding to a work audit in his wife’s car. The insurer said the policy did not cover him, sat out the trial’s coverage fight, lost it, and then demanded the victim sue all over again. The Federal Court declined to oblige.
Read MoreThe insurer won a declaration against its own insured, then waved it at the crash victim like a writ of execution. Appeal No. 7 of Sa’Amran asked the question the order itself could not answer: whom does a section 96(3) declaration actually bind?
Read MoreThe victim won his judgment; the insurer’s answer was to sue him for asking to be paid. Appeal No. 6 of Sa’Amran ended the myth of the second lawsuit — and Chen Boon Kwee has since nailed the lid down.
Read MoreTwo informal sales, a register three years out of date, and an insurer hoping that a 1992 agreement had quietly erased a 1985 letter. The Federal Court’s memory proved longer than the insurer’s.
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