By Cherrie Anne E. Villahermosa
Variety News Staff

THE Superior Court has issued a ruling in favor of the insurance firm that sued a woman for breach of contract over liability in a car collision that happened over 10 years ago.
Superior Court Judge David A. Wiseman on Monday granted National Union Fire Insurance Company’s motion for summary judgment against Belta Pangelinan.
The company is based in Pittsburgh, Pa.
Wiseman ruled that the defendant is liable to pay the plaintiff $10,099.47 for the principal left on the promissory note plus interest.
Pre-judgment interest at the rate of 12 percent per annum was also awarded to the plaintiff for the period of Dec. 6, 2005 to the date of the order and will be added to the $10,099.47.
The plaintiff sued Pangelinan on July 7, 2004 for defaulting on the promissory note and for breach of contract.
Pangelinan argued that the company’s claims were barred because of lack of consideration and because the statute of limitations had expired.
But Wiseman said the two-year statute of limitations under 7 CMC s.2503 is inapplicable because the instant action is brought on a promissory note and is not an action in tort.
He said the defendant was sued because she failed to comply with the terms of the promissory note she signed on June 14, 2001 and not because she is legally accountable for the vehicular collision that happened on Sept. 22, 1995.
Wiseman added that the promissory note is enforceable “because it is supported by adequate consideration.”
”Because neither of Pangelinan’s affirmative defenses are valid, the court is satisfied that summary judgment may issue in favor of the plaintiff,” the judge said.
The defendant, he added, “has not disputed the amount of principal left on the promissory note in the amount of $8,412 and has not adequately disputed the amount of interest accrued on the principal at a rate of 12 percent per annum in the amount of $1,686.97 as of Dec. 5, 2005 for the total amount of $10,099.47.”
Pangelinan’s vehicle, a 1991 Toyota pick-up driven by her minor sister, was involved in an automobile collision on Sept. 22, 1995.
On June 14, 2001, Pangelinan signed a promissory note to the plaintiff’s agent, Guam Insurance Adjustors Inc., admitting liability for the collision.
Pangelinan also agreed to pay Guam Insurance Adjustors Inc. $8,412.50 plus interest accruing at the rate of 12 percent per annum.
The defendant agreed to make full payment of the note by paying $50 each pay period beginning June 29, 2001 and continuing until fully paid.
Pangelinan began making payments on Jan. 4, 2002. However, she fell behind on her payments and has failed to make a payment since July 14, 2003.