Cons De Tit Del Cond Jardines De Cuenca v. One Alliance Insurance Corporation
KLCE202400713
Tribunal De Apelaciones De Pue...Jul 31, 2024Background
- Plaintiffs (Consejo de Titulares del Condominio Jardines de Cuenca, Attenure Holdings Trust, and HRH Property Holdings LLC) filed suit against One Alliance Insurance Corporation to recover under a commercial property insurance policy for Hurricane María damages.
- The policy covered multiple buildings; following appraisal, the loss was valued at $4,865,729.40, though the plaintiffs initially claimed damages exceeding $12 million.
- Plaintiffs sought declaratory judgment, payment of damages, legal fees, and other just remedies.
- Defendant contested the claim, raising issues of possible evidence spoliation and non-disclosure of a lower estimate in a 2017/2018 damage report.
- Plaintiffs moved for summary judgment, arguing the appraisal award was binding and there were no material factual disputes; One Alliance opposed, citing substantial factual disputes and evidence issues.
- The trial court denied summary judgment, holding material factual controversies existed; plaintiffs sought certiorari from the appellate court, which was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appraisal Award Binding | Appraisal sets damages—court should order payment as a matter of law. | Disputed value due to prior undisclosed lower expert report; possible spoliation. | Controversy remains on evidence/spoliation; summary judgment not proper. |
| Payment of Incontrovertible Amounts | Some award amounts are undisputed; court must order payment. | Full factual record needed; disputes remain undermining immediate payment. | Denied; factual disputes prevent summary judgment. |
| Fraud/Spoliation and Policy Validity | Non-disclosure/fraud issues not timely raised; defendant waived. | Non-disclosure of expert report justifies contesting award and policy’s validity. | Genuine factual disputes on these defenses preclude summary judgment. |
| Procedural Denial of Summary Judgment | No genuine factual disputes; error to deny summary judgment. | Court properly found material disputes requiring trial. | Denied; no abuse of discretion by trial court. |
Key Cases Cited
- JMG Investment v. ELA et al., 203 D.P.R. 708 (2019) (Rule for reviewability of resolutions via certiorari)
- Rivera v. Arcos Dorados, 212 D.P.R. 194 (2023) (Certiorari as a discretionary appellate vehicle)
- Segarra Rivera v. Int’l Shipping, 208 D.P.R. 964 (2022) (Summary judgment standard: genuine issues of material fact)
- Ramos Pérez v. Univisión de Puerto Rico, 178 D.P.R. 200 (2010) (Appellate review of summary judgment motions)
- Torres González v. Zaragoza Meléndez, 211 D.P.R. 821 (2023) (Scope and application of certiorari)