2024 TSPR 40
P.R.2024Background
- A fatal accident occurred during a guided jet ski tour in Puerto Rico where a 12-year-old girl, M.B.Z., fell into the water and was struck and killed by another jet ski.
- The group of minors, including M.B.Z., was supervised by two tour guides employed by East Coast Water Sports, LLC, but not accompanied by a parent or legal guardian.
- The family of M.B.Z. sued East Coast Water Sports and its insurer, Universal Insurance Co., alleging negligence and seeking coverage under East Coast's liability policy.
- The relevant insurance policy contained an exclusionary clause stating that minors between 6 and 18 had to be "accompanied by a parent or guardian" for coverage to be effective.
- Lower courts initially found the policy language ambiguous and ruled in favor of coverage for the plaintiffs, interpreting the required accompaniment broadly to include the tour guides.
- On appeal, the Puerto Rico Supreme Court reversed, finding the exclusion clear and determined the insurer was not liable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "accompanied by a parent or guardian" clause in insurance policy is ambiguous. | The phrase is ambiguous and should be interpreted in favor of coverage to include tour guides. | The phrase is clear and means a parent or legal guardian must be physically present with the minor. | Court held the clause was clear (not ambiguous). |
| If tour guides count as "guardian" or "person in charge" under the policy. | Tour guides, as adult supervisors, meet the policy's intent of protection and supervision. | Only legal guardians or parents qualify, not company employees or general supervisors. | Court held tour guides do not qualify as guardians. |
| Whether minors must be accompanied on same vehicle to satisfy "accompanied by" clause. | Accompaniment includes proximity and supervision, not just physical presence on the same jet ski. | Only accompaniment on the same vehicle complies with policy language and law. | Court held accompaniment must be on the same jet ski. |
| Applicability of statutory context or broader definitions. | Broader legal/social meanings should apply due to lack of definition in policy. | Statutory context and dictionary meaning support narrow reading (parent/legal guardian only). | Court favored the narrow, statutory and dictionary meaning. |
Key Cases Cited
- No cases with official reporter citations were cited in the main opinion suitable for bluebooking per stated format; the decision primarily references the Puerto Rico Supreme Court’s own precedent interpreted in the insurance context but does not cite U.S. federal or state cases with official reporter citations.