Firma kereta mewah gagal hidupkan semula tuntutan insurans RM1.5 juta

Bespoke Motoring Sdn Bhd faced legal issues over a conditional settlement offer from AmGeneral Insurance Bhd, and the company's insurance rights rejected the claim after false information was presented. The Federal Court denied Bespoke Motoring Sdn Bhd's request to revive the RM1.5 million insurance claim following a collision involving a Ferrari.

The three-judge panel, led by Nordin Hassan, ruled that Bespoke Motoring Sdn Bhd failed to meet the requirements of Section 96 of the Courts of Justice Act 1964 to obtain a declaratory relief. The relief is only granted if a legal issue or new statute has public interest. If granted, Bespoke Motoring Sdn Bhd wanted the Federal Court to overturn a previous High Court ruling in its favor.

Also present were Ahmad Terrirudin Salleh and P Ravinthran. Bespoke was ordered to pay RM50,000 to AmGeneral Insurance Bhd. This means the High Court's ruling of 9 Feb allowing AmGeneral to reject the claim remained in effect. The case stemmed from a collision on 5 Oct 2018 involving a Ferrari owned by Bespoke, insured at RM1.79 million.

AmGeneral initially offered a settlement of RM1,505,250, but later rejected the claim after CCTV footage showed the Ferrari driver driving against traffic at a relatively high speed, a detail not disclosed in the claim form. The insurance company argued that Bespoke failed to disclose such facts, thereby breaching the duty of a police officer to provide full, truthful, and honest information when filing a claim.

The High Court had previously ruled in favor of Bespoke and granted an award of approximately RM1.5 million. However, on 9 Feb 2026, the High Court ruled by a narrow margin, upholding AmGeneral's appeal and dismissing the award. In its reasoning, the High Court found that failing to disclose the driver's actions was a critical matter and breached the police officer's duty to act with utmost good faith.

Bespoke then sought a declaratory judgment from the Federal Court, raising legal issues regarding AmGeneral's conditional settlement offer and whether the insurance company could reject the claim after learning that the claim contained false information. The case was represented by Malik Imtiaz Sarwar, Ashok Kandiah, Lim Yvonne, and Mishand Patmanathan for Bespoke, while Cyrus Das, JS Naicker, and Sabreena Sidhu represented AmGeneral.