Sunday, 26 January 2014
compulsory insurance against third party risks
In Johannes Koplan V. Aw Chen [1970] 1 LNS 42, HT Ong, CJ (Malaya) delivering the judgment of the Federal Court held that compulsory insurance against third party risks had made alterations in the common law whereby insurers are directly liable to satisfy judgments against their insured.
The negligent driver is only the nominal defendant, whereas the party injuriously affected by an award of damages is the insurer by and in whose interests the action should be defended.
In Tan Chik bin Ibrahim v. Safety Life & General Insurance Sdn. Bhd. [1987] 1 MLJ 217 @ 220, Lee Hun Hoe CJ (Borneo), in delivering the judgment of the Federal Court, held that the insurers were bound to pay for the liability they insured against.
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