Apex court dismisses luxury car firm’s bid to revive RM1.5mil insurance claim

The Federal Court has rejected a luxury car firm's attempt to revive a RM1.5 million insurance claim against an insurer. Bespoke Motoring Sdn Bhd had previously won a High Court ruling, but the insurer AmGeneral Insurance Bhd disputed the claim after discovering that the driver had not disclosed certain crucial information in the claim form.

The Court of Appeal recently upheld the insurance company's appeal, ruling that the non-disclosure breached the insured's duty of utmost good faith. The three-judge Federal Court panel found that Bespoke had not met the criteria for leave to appeal, as the case did not involve any novel legal or constitutional issues of public significance.

As a result, the Court of Appeal's February 9 ruling remains in effect, and Bespoke was ordered to pay AmGeneral RM50,000 in costs. The accident occurred on October 5, 2018, involving a Ferrari insured for RM1.79 million. Initially, AmGeneral offered a settlement of RM1,505,250, but later repudiated the claim based on the undisclosed material fact.