As mentioned in my earlier blog post, How to File a Complaint with the Insurance Commissioner Office About Your Delaying, Denying, and Bad Treating Insurance Company, Article 27.164 of the Puerto Rico Insurance Code requires an insured to notify the Insurance Commissioner of any incompliance, delay, unpaid, under paid or unjust claim management by the insurer prior to filing suit in court. This law applies to Hurricane Maria claims and all insureds that did not file suit prior to the effective date of Article 27.164 must to comply with this new requirement.
Continue Reading Insurance Claim Notifications Prior to Filing Complaint

When hurricane season 2021 began a few months ago, the National Oceanic and Atmospheric Administration (NOAA) predicted that this would be another active Atlantic hurricane season.1 In the past week, two storms, Fred and Grace, passed near Puerto Rico and fortunately only left a few inches of rain in some areas of the island. We are now in the middle of what many experts consider peak hurricane season in the Caribbean – September being the most active month.
Continue Reading Puerto Rico Hurricane Season 2021

With many Hurricane Maria claims still in litigation, courts are beginning to apply the Puerto Rico Supreme Court’s recent jurisprudence and making insurers pay prior adjusted property damage when not in controversy. The court of first instance of Bayamon, recently applied this new jurisprudence in, Consejo de Titulares del Condominio Lago Vista II v. MAPFRE Praico Insurance Company,1 in which the Board of Directors of Condominium Lago Vista II filed a complaint against MAPFRE requesting the payment for the already adjusted property damages caused by Hurricane Maria. The court ruled in favor of the Condominium and ordered MAPFRE to pay the amount of $269,007.82.
Continue Reading Puerto Rico Court Grants Partial Summary Judgment and Orders Insurer to Pay Prior Adjusted Property Damages Caused By Hurricane Maria

“MAPFRE is not paying property insurance claims and is threatening the safety of Puerto Ricans,” was the message public adjuster Jack Hanks noted in a CBS news report. Jack Hanks and David Skipton held a seminar in Tampa earlier this spring for public adjusters just starting out in the public adjusting business. Hanks is an excellent speaker and educator as one can tell from the news story.
Continue Reading CBS News Report—Public Adjuster Calls Out MAPFRE For Not Paying Puerto Rico Hurricane Claims

La asociación de Tasadores conocida como IAUA (siglas en inglés para Insurance Appraisal and Umpire Association) en colaboración con la OCS, Oficina del Comisionado de Seguros, celebrarán el próximo 29 y 30 de junio de 2021, en La Concha Resort, un seminario de capacitación sobre el Proceso de Tasación en Puerto Rico. La participación en este seminario, con otro evento y experiencia profesional, les permitirá solicitar la aprobación de la OCS como árbitro aprobado. Además, el cumplimiento de este requisito les permitirá estar en la lista de árbitros aprobados, mantenido por la OCS.
Continue Reading Tasadores: No Se Pierdan El Seminario “Proceso De Tasación En Puerto Rico” Este Próximo 29 y 30 de Junio de 2021

The Association of Appraisers/ Umpires known as IAUA (Insurance Appraisal and Umpire Association) in collaboration with the OCS, (Office of the Insurance Commissioner), will hold a seminar training on the Appraisal Process in Puerto Rico. The seminar will be on June 29 and 30, 2021, at La Concha Resort. Participation in this seminar, with another event and professional experience, will allow you to request to be approved as an umpire by the OCS. In addition, compliance with this requirement will allow participants to be on the list of approved umpires, maintained by the OCS.
Continue Reading Appraisers: Don’t Miss The Seminar “Appraisal Process In Puerto Rico” on June 29 and 30, 2021

On September 20, 2017, Hurricane Maria caused catastrophes through its passing by Puerto Rico. As mentioned in past blogs,1 many policyholders filed their insurance claims and as soon as they received their response from the carrier along with a check, they proceeded to deposit the check unaware that even if they did not agree with the amounts, these were considered “total and final” payments and therefore, a waiver to their right to claim. Since then, as I have discussed on other blog posts, many policyholders have battled in court as to the application of accord & satisfaction doctrine to their claims.2
Continue Reading Accord & Satisfaction: Puerto Rico Supreme Court Rules for Policyholder in Hurricane Maria Claim

As discussed in my previous blog post, Should an Insurance Company Pay Adjustable Claim Amounts Not in Controversy While Another Amount Is Still In Dispute?, the payment of undisputed amounts is an issue that is frequently being argued in Puerto Rico courts for Hurricane Maria claims. As recent as this week (May 12, 2021) the First Instance Court of Carolina, Puerto Rico, granted a Partial Summary Judgement and ordered the carrier to pay the adjustable amounts not in controversy.
Continue Reading Another Win for Adjustable Claim Amounts Not in Controversy