JUDGMENT

Introduction

[1] In this action, the plaintiff, Mr Toh Sek Cheong, a Chartered Accountant, is claiming the sum RM200,000.00 which, he says, is due under a policy of insurance dated 17 November 2001 ("the policy") he took out with the defendant, Great Eastern Life Assurance (M) Bhd. In addition to the sum payable under the policy, the plaintiff also claims damages of between RM3.67 million to RM6.67 million.

Background Facts

[2] There is no dispute on the background facts that led to this litigation. I adopt with gratitude the facts as outlined by the counsel in their submissions.

[3] The policy, which is the subject matter of this action, is called "Supreme Livin Care - Whole Life Living Assurance with Cash Bonus". It is a life policy which provided coverage for death, total and permanent disability as well as a living assurance benefit.

[4] The plaintiff applied for the policy by a proposal form dated 6 November 2001 ("the proposal form") and the policy was issued to him on 17 November 2001. Based on the information provided in the proposal form, the defendant rated the plaintiff.