Lawyers representing International Insurance Company of Liberia (IICL) on trial for refusing to pay the medical bills of a motor accident victim Sylvester Fallah has told the Civil Law Court that the corporation was undergoing liquidation by the Central Bank of Liberia (CBL).
IICL’s lawyer, Atty. Eduardo Blamo Nyantee, said at Thursday’s hearing that “the CBL is in possession of the insurance company’s assets and as such it will be prudent enough to have the bank notified of the proceedings to form the basis for the payment.”
Nyantee shifted the insurance company’s inability to make the payment on the court’s action to grant the CBL authority to have access to the corporation’s properties, including money, which he said makes it impossible to pay for any damages.
Fallah is seeking US$568,620 and L$8,250 damages for the accident, in which he lost his left eye.
A white DAF truck involved in the accident is owned by David Williams, who has been insured by IICL under a third party scheme and the insurance company by law was responsible to settle any claims resulted from the accident.
Nyantee said the documents for the case were still in the possession of the company’s manager Foday Sessay, whose business was suspended by the Central Bank.
“I need more time to get in contact with Mr. Sessay who has been ousted, to have him turn over the documents to enable me to proceed with the matter, “Nyantee pleaded.
In a counter argument, the Heritage Partners and Associates, representing Fallah, expressed disappointment about Nyantee’s action.
“The insurance company failed to furnish documentary evidence to the court to support their claim that they were undergoing liquidation by the CBL,” Fallah’s legal team said.
The law firm said since Nyantee claimed that his client’s liquidation process was still ongoing, “what will happen to our client who has lost his left eye and how will his damages will be settled?”
Therefore, Fallah’s legal team said, “Their request that his client is undergoing liquidation is not sufficient under the law and, as such, it is intended to delay the case.
“It is unjust because the insurance company’s reckless behavior to the victim has continued over the years and the victim suffers from the wound, and therefore the request must be denied,” the firm noted.
However, the court accepted Nyantee’s request and subsequently suspended the case.