Law of Life, Motor 
and Workmen’s Compensation Insurance
Sixth Edition

Professor Poh Chu Chai’s Law of Life, Motor and Workmen’s Compensation Insurance is regarded as an authoritative textbook in Singapore, and it has been cited by Justice Woo Bih Li in the recent Singapore Court of Appeal decision in Vaswani Roshni Anilkumar v Vaswani Lalchand Challaram and Another [2006] 2 SLR 257.

Now in its 6^th edition, Law of Life, Motor and Workmen’s Compensation Insurance has retained its relevance and appeal to both students and practitioners alike. Law of Life, Motor and Workmen’s Compensation Insurance provides a comprehensive update of the changes in the law since the 5^th edition was published in 1999, while keeping the same user-friendly layout.

Professor Poh’s trademark use of extensive case extracts has also integrated the convenience of a casebook into this well-researched textbook, making it an invaluable tool for the busy practitioner.

The structure of the 6^th edition is very similar to the 5^th edition. The book is divided into three sections – Chapters 1 and 2 deal with Life Assurance Policies, Chapters 3 to 12 deal with Motor Vehicle Insurance and Chapters 13 to 16 deal with Workmen’s Compensation Insurance.

Professor Poh begins by taking the reader through the general principles governing Life Assurance policies. The reader is provided with a concise, yet fairly comprehensive overview of these general principles, an understanding of which is undoubtedly important. In particular, Professor Poh sets out clearly the law relating to the need for an insurable interest. Understanding the importance of the commercial value of Life Assurance policies beyond merely providing protection to the insured, Professor Poh devotes the whole of Chapter 2 to discussing the use of Life Assurance Policies as security. The various types of security interests that may arise are considered at some length. This chapter also includes a thorough discussion of the application of s 73 of the Conveyancing and Law of Property Act.

The regulatory framework for compulsory motor vehicle insurance is set out in the Motor Vehicles (Third Party Risks and Compensation) Act, and Professor Poh analyses the law on this area in Chapters 3 and 4. The discussion on the meaning of ‘use’ and the definition of ‘road’ within the context of the Act is particularly useful as the interpretation of the Act in this respect, is of importance in practice. The vehicle owner’s vicarious responsibility and the conduct of his employees and other drivers of his vehicle are also considered. This section is important because very often, the driver of a vehicle in question is not the owner. The risks that must be insured, and the risks not required to be insured under the mandatory insurance regime are detailed in Chapter 7.

There are some common terms and conditions that are peculiar to motor vehicle insurance, and Professor Poh takes us through these terms and conditions in Chapter 5 before discussing the personal rights of the policyholder in Chapter 6, which now includes a new subsection on Public Policy.

The position and rights of third parties are set out in Chapters 8 and 9, and the section begins with the discussion of the position at common law, and the changes to the common law with regards to privity of contract, before moving on to the compulsory motor insurance regime in Singapore and the enforcement of third party rights. The rights of Authorised Drivers under the compulsory insurance regime are discussed in Chapter 10.

Chapter 11 deals with situations where policyholders are insolvent, and comparison is made between the Singapore Motor Vehicles (Third Party Risks and Compensation) Act and the Malaysian Road Transport Act 1987. The Motor Insurance Bureau, a company limited by guarantee and subscribed to by all motor insurers in Singapore, was created to fill in the gaps not covered by the compulsory motor insurance regime, and Chapter 12 explains the law with regards to the Motor Insurance Bureau.

The final section of the book discusses the law governing compulsory Workmen’s Compensation Insurance. Chapter 13 sets out the regulatory framework in the Workmen’s Compensation Act. Chapters 14 and 15 explain how the terms of the Workmen’s Compensation Act are interpreted, focusing on the meaning of ‘workman’ and ‘accident arising in the course of employment’. Chapter 16, the final chapter, deals with insolvency and rights against third parties.

The 6^th edition of Law of Life, Motor and Workmen’s Compensation Insurance comes as a welcome relief, as the provisions of the Motor Vehicles (Third Party Risks and Compensation) Act had been revised and renumbered in 2000, making the 5^th edition difficult to use. As with the 5^th edition, the juxtaposition of English statutes and cases alongside local statutes and cases allows for easy comparison of the similarities and differences between these two jurisdictions and consequently, a better understanding of the development of this area of law in Singapore and England. Professor Poh also, on many occasions, makes reference to the position 
in Malaysia.

The 6^th edition also gives extensive coverage to both local and English authorities. In this regard, Professor Poh has considered a host of recently decided local cases, including the recent Singapore Court of Appeal case of System South East Asia Pte Ltd v Zhang Yiguang [2005] 1 SLR 255, where it was held that an employer who took out insurance policies for non-key employees was nevertheless entitled to the insurance payout.

The 6^th edition also considered the case of Chua Chye Tiong v PP [2004] 1 SLR 22 which discussed the meaning of the word ‘cause’ in s 29(1) of the Road Traffic Act and s 3(1) of the Motor Vehicles (Third Party Risks and Compensation) Act. The case of Lo Lee Len v Grand Interior Renovation Works Pte Ltd  [2004] 2 SLR 1, which dealt with the rule against double recovery, was also commented upon.

Professor Poh also dealt with a considerable number of other cases which had been decided after the 5^th edition was published. One such interesting case is the decision in Lee Keng Hiong v Ramlan bin Haron [2002] 2 SLR 52, which discussed the Workmen’s Compensation Act and circumstances when injury can be said to arise out of and in the course of employment.

Professor Poh also included a valuable commentary on the landmark decision in Liberty Citystate Insurance Pte Ltd v AXA Insurance Singapore Pte Ltd [2001] 2 SLR 593, the first Singapore case to deal with the enforceability of non-contribution clauses.

In conclusion, Professor Poh has built upon the excellent foundations of the first five editions of Law of Life, Motor and Workmen’s Compensation Insurance to produce a 6^th edition, which surpasses his previous efforts in comprehensiveness, clarity and ease of use. This book will, in short, be an invaluable addition to the collection of every student and practitioner.

Govind Asokan

Rodyk & Davidson