Smash Communications ordered to pay up

Smash Communications Ltd were ordered by court to pay €11,445 to Allcare Insurance Agency Ltd in outstanding car insurance premium.

The cars are licensed to Joseph Baldacchino, on behalf of  Smash Communications Ltd  and were insured with Allcare Insurance Agency Ltd. The the insurance company never received any payments for the premium and the road licenses which it paid to the underwriters and Transport Malta.

The last payment Allcare Insurance received from the company dates back to 2008.

Smash Communications Ltd argued the court should not entertain the claim of the Insurance company as the case was time barred. Furthermore, Smash stated the amount was not owed by the company but by Andrew Farrugia who had contracted Allcare Insurance of his own free will and without any authorisation from Smash Communications Ltd.

The contract signed between Farrugia and the insurance company allegedly read that all premium were to be bartered with  advertising on the company's radio and television stations.

However Magistrate Marseann Farrugia held Smash Communications Ltd failed to quote the Act of law invoked in its argument that the case was time barred. Witness Stephen Muscat exhibited documents proving the plaintiff's claim. Smash Communications Ltd did not cross-examine Muscat nor presented any evidence challenging his evidence.

Noting the defendant's omissions the court abstained from taking further notion of the arguments forwarded by Smash Communications Ltd, and ordered the company to pay the €11,445 to Allcare Insurance Agency Ltd.