Legal effect of breach of warranty in construction insurance in Malaysia
The English insurance law underwent some changes and development with regards to breach of warranty in insurance contracts. In the UK today, once the insured breaches a continuing warranty, the insurer is simply discharged from liability as from the date of the breach of warranty but the insurance p...
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2009
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Universiti Teknologi Malaysia |
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K Law (General) |
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K Law (General) Sodangi, Mahmoud Legal effect of breach of warranty in construction insurance in Malaysia |
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The English insurance law underwent some changes and development with regards to breach of warranty in insurance contracts. In the UK today, once the insured breaches a continuing warranty, the insurer is simply discharged from liability as from the date of the breach of warranty but the insurance policy remains in existence. However, court decisions in Malaysia seem to suggest that a breach of warranty in construction insurance policy entitles the insurer to repudiate liability and prevents the contract of insurance from coming into existence. This misunderstanding by Malaysian courts has resulted in a legal dilemma in insurance law in Malaysia with regards to breach of warranty. Also, The Malaysian Insurance Act 1963 mainly deals with regulations of the insurance business to ensure there is proper control but the Act does not seem to have covered the matter of breach of warranty in insurance policies. Therefore, in the light of the current developments in the insurance law in the United Kingdom, this research project examined the legal effect of breach of warranty in insurance contracts in Malaysia. In doing so, the required data and information were collected from various sources which included books, articles, seminar papers, journals, Malayan Law Journal Articles, etc. It was found out that the effect of breach of a continuing warranty will result in the contract of insurance remaining in existence and the risk is being treated as having incepted at the outset but automatically coming to an end as of the date of the breach. More so, the insurer is being discharged from any future liability, although any liabilities of the insurer before the date of the breach are unaffected. |
| format |
Thesis |
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Master's degree |
| author |
Sodangi, Mahmoud |
| author_facet |
Sodangi, Mahmoud |
| author_sort |
Sodangi, Mahmoud |
| title |
Legal effect of breach of warranty in construction insurance in Malaysia |
| title_short |
Legal effect of breach of warranty in construction insurance in Malaysia |
| title_full |
Legal effect of breach of warranty in construction insurance in Malaysia |
| title_fullStr |
Legal effect of breach of warranty in construction insurance in Malaysia |
| title_full_unstemmed |
Legal effect of breach of warranty in construction insurance in Malaysia |
| title_sort |
legal effect of breach of warranty in construction insurance in malaysia |
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Universiti Teknologi Malaysia, Faculty of Built Environment |
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Faculty of Built Environment |
| publishDate |
2009 |
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http://eprints.utm.my/id/eprint/12376/1/MahmoudSodangiMFAB2009.pdf |
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my-utm-ep.123762018-08-26T04:53:07Z Legal effect of breach of warranty in construction insurance in Malaysia 2009-07 Sodangi, Mahmoud K Law (General) The English insurance law underwent some changes and development with regards to breach of warranty in insurance contracts. In the UK today, once the insured breaches a continuing warranty, the insurer is simply discharged from liability as from the date of the breach of warranty but the insurance policy remains in existence. However, court decisions in Malaysia seem to suggest that a breach of warranty in construction insurance policy entitles the insurer to repudiate liability and prevents the contract of insurance from coming into existence. This misunderstanding by Malaysian courts has resulted in a legal dilemma in insurance law in Malaysia with regards to breach of warranty. Also, The Malaysian Insurance Act 1963 mainly deals with regulations of the insurance business to ensure there is proper control but the Act does not seem to have covered the matter of breach of warranty in insurance policies. Therefore, in the light of the current developments in the insurance law in the United Kingdom, this research project examined the legal effect of breach of warranty in insurance contracts in Malaysia. In doing so, the required data and information were collected from various sources which included books, articles, seminar papers, journals, Malayan Law Journal Articles, etc. It was found out that the effect of breach of a continuing warranty will result in the contract of insurance remaining in existence and the risk is being treated as having incepted at the outset but automatically coming to an end as of the date of the breach. More so, the insurer is being discharged from any future liability, although any liabilities of the insurer before the date of the breach are unaffected. 2009-07 Thesis http://eprints.utm.my/id/eprint/12376/ http://eprints.utm.my/id/eprint/12376/1/MahmoudSodangiMFAB2009.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment Akintoye, A.S. and MacLeod, M.J. (1997) Risk analysis and management in construction, International Journal of Project Management, Vol. 15, No. 1, pp. 31-38. Aun, W. M., AND Vohrah, B. (2000) The Commercial Law of Malayisa, Selangor, Malaysia, Pearson Malaysia Sdn Bhd. Aun, W.M. (2005). An Introduction To The Malaysian Legal System. Revised 3rd ed. Malaysia:Pearson Malaysia Sdn. Bhd. Barber, R. B. (2005), Understanding internally generated risks in projects. International Journal of Project Management, 23(8), 584-590. Blaxter, L., et al. (1996). How to Research. Buckingham; Open University Press, Davis, S. D. (1996) In Construction insurance, bonding, and risk management(Ed, Palmer, W. J., Maloney, J. M. and John L., I. H.) McGraw-Hill Professional, New York, Dawson, P. J. (1997) A hierarchical approach to the management of construction project risk, University of Nottingham, Nottingham. Heidenhain, D. (2001) Managing technological risks: a challenge for professional engineering insurers. Geneva Papers on Risk and Insurance - Issues and Practice, 26(2), 268-276. Hertz, D.B. and Thomas, H. (1999). Practical Risk Analysis: and Approach Through Case Histories. John Wiley and Sons. Chichester, UK: taken from Edwards, P and Bowen, P (1999). http://www.psz.utm.my Lee, M.P. (2005). General Principles of Malaysian Law. 5th ed. Selangor: Oxford Fajar Sdn. Bhd Lyons, T. and Skitmore, M. (2004), Project risk management in the Queensland engineering construction industry: a survey. International Journal of Project Management, 22(1), 51-61 Oztas, A. and Okmen, O. (2005). Judgmental risk analysis process development in construction projects. Building and Environment, 40(9), 124-125. Perry, J.G and Hayes, R.W (2001), Construction Projects – Know the Risks, CME UMIST, London. PMI (2000) A guide to the project management body of knowledge, Newton Square, Project Management Institute. P.216 Poh, C. C. (1990) Law of Insurance, Jurong Town, Singapore, Longman Singapore Publishers (Pte) Ltd. Rahman, M. M. and Kumaraswamy, M. M. (2002) Risk management trends in the construction industry: moving towards joint risk management. Engineering, Construction and Architectural Management, 9(2), 131-151 Singh, B. (2002) Insurance Law Manual, Selangor, Malaysia, Pelanduk Publications (M) Sdn Bhd, Selangor, Malaysia. Smith, N.J., Tony, M., and Jobling, P. (2006) Managing risk in construction projects, 2nd ed: Blackwell Publishing. Soe, M. (1999) Insurance Law of Malaysia, Johore Bahru, Malaysia, Quins PTE Ltd, Johore Bahru, Malaysia Soyer, B. (2006) Warranties in Marine Insurance, London, Second Edition, Cavendish Publishing Limited, London, UK. Tharmakulasingam, S. G. (2006) Putra Perdana Under Fire: 'An analysis into the legal effects of breaches of warranties and the Waiver/Estoppel Dichotomy in insurance law' The Malayan Law Journal Articles 2, 11 Williams, C. A., Smith, M. L. and Peter, C. Y. (1998) Risk management and insurance, Irwin/McGraw-Hill, Boston, Mass. www.tokiomarine.com.my |