SOURCE: The Straits Times
THE insurers of dead Ferrari driver Ma Chi have filed their defence and counterclaims, in response to the lawsuit initiated against them by Mr Ma’s family members.
Last month, The Straits Times reported that Mr Ma’s wife and mother were taking AXA Insurance Singapore to court.
This was after AXA informed the Ma family in July that it had decided to repudiate its liability.
In court papers filed on Monday, AXA stated that the May 12 crash was a “collision” and not an accident: “Ma Chi was doing an act which he knew or ought to have known was courting imminent danger to himself and others.”
In the crash, Mr Ma had allegedly run a red light in Rochor Road.
His car rammed a taxi, which then hit a motorcycle.
The accident left three people, including Mr Ma, dead and two others injured.
In the High Court suit filed last month, the Ma family’s lawyer had asked the court to rule that the crash was indeed an accident and not a “collision”, as claimed by AXA.
But in its court papers, AXA explained that Mr Ma had driven the car at “an extremely excessive speed”.
In conducting himself in a “totally reckless and/or dangerous manner”, Mr Ma had breached an “implied term” in AXA’s policy that the vehicle should be driven prudently and not at excessive speeds, said court papers.
AXA’s counterclaim also asked for the estate of Mr Ma to repay all that AXA is liable to pay under the Motor Vehicles (Third-Party Risks and Compensation) Act to those killed or injured in the crash.
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