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

Mahkamah Persekutuan has dismissed a bid by Bespoke Motoring Sdn Bhd to revive a RM1.5 million insurance claim arising from a crash involving a Ferrari, due to false information provided in the claim. 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 judicial review.

This means that the court can only grant judicial review if a case raises legal or constitutional issues of public importance. If the application had been granted, Bespoke Motoring Sdn Bhd intended to have the High Court's earlier ruling overturned. The other parties present were Ahmad Terrirudin Salleh and P Ravinthran. Bespoke Motoring Sdn Bhd was ordered to pay RM50,000 to AmGeneral Insurance Bhd, meaning that the High Court's ruling of 9 Feb 2026, which allowed AmGeneral to reject the claim, remained in effect.

The case stemmed from a crash on 5 Oct 2018 involving a Ferrari owned by Bespoke, which was insured for RM1.79 million. Initially, AmGeneral offered a settlement of RM1,505,250, but later rejected the claim after CCTV footage showed the Ferrari driver driving against traffic for a distance that was unusually long, an important detail not disclosed in the claim form.

The insurance company argued that the failure to disclose such information breached the duty of the licensed driver to provide full, truthful, and honest information when filing a claim. The High Court had previously ruled in favor of Bespoke and awarded almost RM1.5 million. However, on 9 Feb 2026, the Court of Appeal ruled by a narrow margin in favor of AmGeneral, overturning the earlier decision.

In its reasoning, the Court of Appeal found that failing to disclose the driver's actions was a crucial matter and breached the duty of the licensed driver to act with utmost good faith. Bespoke Motoring Sdn Bhd then sought judicial review before the Federal Court, raising legal issues concerning AmGeneral's conditional offer of settlement and whether the insurance company could reject the claim after becoming aware of false information in the claim.

Malik Imtiaz Sarwar, Ashok Kandiah, Lim Yvonne, and Mishand Patmanathan represented Bespoke, while Cyrus Das, JS Naicker, and Sabreena Sidhu represented AmGeneral.