The Law of Motor Insurance, S Santhana Dass - 2nd Edition 2025

The book is divided into two primary sections: Part A (Chapters A1–A6) and Part B (Chapters B1–B6). While Part A is available in print, the full content—including both Part A and Part B—is accessible through the ProView e-book.

“… this book [is] an excellent treatise on motor insurance law, as it offers a detailed legal analysis of both current procedural and substantive issues regarding motor insurance law in Malaysia.”
— From the Foreword by Justice Nallini Pathmanathan, Judge of the Federal Court

The second edition of The Law of Motor Insurance provides a timely and authoritative examination of Malaysia’s motor insurance legal landscape. It explores prevailing legal frameworks, judicial developments, regulatory shortcomings, and offers policy recommendations aimed at strengthening protections for insurers, policyholders, and passengers.

Featuring in-depth case law analysis, critical evaluation of policies, and forward-looking perspectives, this book serves as an essential resource for legal practitioners, insurance professionals, academics, and policymakers seeking a deeper understanding of motor insurance law in Malaysia.

Key topics include cross-border legal implications as seen in Nippon Fire v Sim Jin Hwee, the interpretation of “road” under the Road Transport Act 1987, and unresolved challenges such as liability on private or gated roads, carpooling coverage, e-hailing insurance gaps, and mandatory passenger liability. The book also closely examines landmark Federal Court rulings that have shaped the current legal context, including Malaysian Motor Insurance Pool v Tirumeniyar and Chen Boon Kwee v Berjaya Sompo Insurance Bhd.

Authored by a seasoned legal practitioner with over 40 years of experience in motor insurance law, this volume offers a wealth of expertise and practical insight, making it a comprehensive and reliable reference for anyone involved in the field.

Key Developments Covered in This Edition:

• The practical implications of section 96(3) of the Road Transport Act in the context of today’s digital insurance environment.

• Legal treatment of lorry attendants and bus conductors following the Saw Poh Wah decision.

• Difficulties arising from online policy renewals, the use of backdated cover notes, intervener claims, and the transfer of insurance interests.

• The relationship between policy wording, exclusion clauses, and statutory obligations, examined through recent Malaysian and Indian judicial decisions.

• Interpretation of “road” under the Road Transport Act and its consequences for insurance claims involving private or gated roads.

• Insurance coverage gaps in emerging transport models, including carpooling and e-hailing services.

• Effects of legislative changes such as the Limitation (Amendment) Act 2018 and the Financial Services Act 2013 on disclosure requirements and consumer rights in digital insurance transactions.

• Clarification of complex policy language and legal principles through both domestic and international case law.

Contents of The Law of Motor Insurance, Second Edition

1. Chapter A1: Compulsory Motor Insurance Under the Road Transport Act 1987
2. Chapter A2: Policy Required to Be Taken Out Under the Road Transport Act 1987
3. Chapter A3: Statutory Duty of Insurers to Satisfy Judgments
4. Chapter A4: The Motor Insurers’ Bureau
5. Chapter A5: Procedure for Motor Insurance Claims
6. Chapter A6: Formation of Contract

1. Chapter B1: The Motor Policy
2. Chapter B2: Section “A” of the Policy – Loss of Damage to Vehicle
3. Chapter B3: Section “B” – Liability to Third Parties
4. Chapter B4: General Exception (Exclusions)
5. Chapter B5: Conditions
6. Chapter B6: Endorsements