In subrogation claims, insurers have traditionally been confined to suing only in the name of the insured.
Our claim was initially struck out in the High Court on the basis of Kementerian Pertahanan Malaysia & Anor v Malaysian International Shipping Corp Bhd & Ors [2007] 5 MLJ 393, but yesterday (1 October 2025), the Court of Appeal allowed our appeal and affirmed that an insurer may sue jointly with the insured as co-plaintiffs.
This important decision clarifies the scope of subrogated claims in Malaysia — ensuring that insurers and insureds can stand side by side in pursuing their rights, without prejudice to any parties.
Our Partners Mr. N.G. Vinod & Mr. Sathiesh K Purushothaman appeared together with our Senior Associate Ms. Danaashini T. in representing Generali Insurance Malaysia Berhad.
#insurance #disputeresolution #appeal #subrogation